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(영문) 대전지방법원 2017.11.23 2017고합317
살인미수
Text

A defendant shall be punished by imprisonment for three years.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

In September 18:45 on September 9, 2017, the Defendant, along with the victim E (64 years), f, etc., drinked on the side road of Daejeon-gu Daejeon-gu, Daejeon-gu, and her fly fly, was in a fluorous manner. The Defendant’s fluorous fembly fembly embling the Defendant’s fluorous frious fembly femc

“A” upon hearing sound, the victim and the victim were in dispute with the victim, and the victim was in dispute with the victim.

F also should not be free from the defendant's "packer."

“Along with the defect F.O.’, the instant decoration was excessively challenged.

Accordingly, the Defendant, at around 18:54 on the same day, committed an act in excess of 15cm in length, and returned to the above place and went back to knife. On one occasion in the residence of the Defendant in Daejeon-gu Daejeon-gu, Daejeon-gu, and attempted to murder the victim by following the victim who escaped from the Defendant, and facing the victim’s bridge part, thereby facing the victim’s bridge part. However, the Defendant attempted to murder by taking an emergency measure at the hospital after the victim escaped from the Defendant, and the Defendant did not go to this effect, and did not go to the victim’s attempted to commit an attempted act by taking an open wound of the number of days of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statements made to H, F, I, and E;

1. Each photograph (Nos. 3, 4, 7, 8, and 11 in the list of evidence);

1. Each request for appraisal and response to each request for appraisal;

1. Each investigation report (Nos. 17, 18, 28, 29, 30) and accompanying materials;

1. Application of statutes on records of seizure and lists of seizure;

1. Relevant Article of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the selection of criminal facts;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 48(1)1 of the Criminal Act

1. The gist of the assertion was that the Defendant was physically and mentally weak or physically deprived at the time of committing the instant crime.

The defendant did not have the intention of murder.

2. Determination

A. According to the record of judgment on the assertion of mental disorder, the defendant is guilty.

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