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(영문) 인천지방법원 2018.03.23 2017고합820
살인미수
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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The facts charged were appropriately revised to the extent that it does not interfere with the defendant's right of defense.

From the end of 2015 to November 15, 2017, the Defendant was a person in a de facto marital relationship with C, and C was living together with the victim D (47 tax) and around 15 days after early September 2017, and therefore, there was no good appraisal for the victim, and C was given a loan of KRW 1 million to C on condition that C did not reach the victim when C was retired from living with the victim and returned to the Defendant’s home.

Since then, on November 15, 2017, C went to the defendant's house around November 15, 2017, when the defendant found to the victim's house on December 2, 2017, the defendant reported that C had clothes and bags, etc., but requested C to talk with the victim or return the above one million won to the victim instead of C, but the victim did not comply with it.

At around 17:50 on December 11, 2017, the Defendant: (a) reported the victim’s returning home while waiting the victim in the front parking lot for the apartment owned by the Defendant; and (b) followed the victim; (c) however, the victim went into the said apartment without complying with the “nicker” and the victim went into the said apartment.

Defendant shall not take out the transition amount (20 cm in total, 9 cm in length) that is a deadly weapon at the ridge between the two vehicles of the above Sovia car.

By inserting into the right part on the back side part of the victim, the victim continuously demanded the conversation to the victim from the 405th floor of the 4th floor of the above apartment building, the 405th floor of the victim's residence, but the victim refused it, and the victim's refusal to do so, and the transition from the right part on the right part part of the victim, "if the death or death is discarded, and that he would have died before it," shall be taken.

In other words, even though knife the left side of the victim, such as the above overroad, has reached one time, it is necessary to treat the victim for about three weeks by subtracting the knife.

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