(영문) 인천지방법원 2020.04.28 2020고합124

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(영문) 인천지방법원 2020.04.28 2020고합124

살인미수등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

around 2015, the Defendant worked together at a victim B (n, 43 years of age, hereinafter referred to as “victim”) and a middle restaurant, and was living together in the victim’s residence from around 2016.

From October 2019, the Defendant: (a) from around October 2019 to around the Seo-gu, Incheon, Seo-gu, “C” operated a restaurant with the victim; (b) was suspected of the victim’s external appearance when the victim frequently left the house and did not return home.

On February 14, 2020, around 15:40 on February 14, 2020, the Defendant, at the house located in Seo-gu Incheon, Seo-gu Dolle E, with the influence that the victim did not enter the house while drinking alcohol, had been able to kill the other victim who was doubtful about the external limits of the victim.

The Defendant saw the transition (12 cm in length, 11 cm in length) that is a deadly weapon with a knife at a knife scke, and knife the victim expected to be an knife in a knife knife, and knife knife the victim’s left part of the victim’s left part of the knife.

Therefore, although the defendant tried to kill the victim, the victim did not commit an attempted crime because the victim gets the knife of the defendant's knife while resisting the defendant's knife from the place of the house, leaving the knife of the defendant's knife of the defendant's knife of the defendant's knife of the part in need

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and F;

1. Records of seizure, the list of seized articles, photographs of seized articles, site photographs, etc., and data showing the images of the victim;

1. Application of Acts and subordinate statutes to injury diagnosis certificates and copies of medical records;

1. Relevant Article of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act to be legally mitigated;

1. As to the suspended sentence, Article 53 and Article 55(1)3 of the Criminal Act (the following extenuating circumstances are considered among the reasons for sentencing) 1.

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