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(영문) 수원지방법원 2015.08.27 2015고합195
살인미수
Text

The defendant shall be innocent.

Reasons

1. On March 14, 2015, around 18:10 on March 14, 2015, the summary of the facts charged in the instant case is the victim D (58 years of age) and drinking together with the Defendant’s home living together in Ansan-si C, and the victim was able to kill the victim while speaking in dispute with the Defendant’s home.

The Defendant collected knife a knife (30.5 cm in total length, 17 cm in length) with a knife, and attempted to kill the victim’s right chest at the inside of the knife once. However, the Defendant was flife with the wind at the port of the knife and the knife (15 cm in depth, 5 cm in width), etc.

Accordingly, the defendant attempted to kill the victim, but attempted to do so.

2. Defendant and his defense counsel’s assertion: (a) on the day of the instant case, the Defendant did not commit assault by the victim, such as knife the Defendant’s knife the Defendant’s knife and knife the Defendant’s knife on the day of the instant case; and (b) even if the Defendant knife the victim with a knife, he was only an act in secret, so there was no intention of murder; and (c) such act constitutes self-defense against prior attack by the victim and thus, the Defendant’s liability should be reduced or exempted.

3. Determination

A. Comprehensively taking account of each evidence of the inspection and submission, ① the victim suffered a wound 10 cm in depth on the part of the instant case, approximately 5 cm in width on the part of the instant case, ② on the day of the instant case, the Defendant, the victim, the E, and F, who drinks alcohol in the ward from the lower day to the inside of the victim, and entered the room first. The Defendant entered the room after the locking, ③ The sound as shown in the dispute between the two people, and the two people went out of the room. At the time of the instant case, the victim suffered a large amount of 10cm in width, ④ the face of the Defendant from the ward.

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