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(영문) 부산지방법원 2018.05.11 2017고합555
존속살해미수
Text

A defendant shall be punished by imprisonment for five years.

One steel bars (Evidence No. 2) for the seized construction works, and one stock farms (Evidence No. 3) for the stock farms.

Reasons

Criminal facts

The facts of the cause of the attachment order [criminal facts] The defendant and the person who requested the attachment order (hereinafter referred to as the "defendant") are victims C (the remaining and 58 years of age) and his father. The defendant's entrance to the university often dispute with the victim due to late home and temporary absence. From the end of the end of 2015, it is doubtful that the victim was able to monitor himself/herself, and all non-feasible events occur to himself/herself.

The Defendant, in the state of lacking the ability or decision-making ability to discern things due to a man who shows mental symptoms mainly leading to the damage to the victim, who was put by the Defendant, caused the death of the victim in the middle of October 2017. On October 21, 2017, at the construction site near the Busan Southern-gu, where the Defendant was mixed, the Defendant laid down the iron bars for construction work (the length of 40cm, diameter of 2.5cm, weight of 1.2km, weight of 1.2km, and certificate No. 2) with the Defendant’s house, and then, the Defendant laid the transparent vinyl in the middle of the said iron as a favorable tape.

Since then, the defendant prepared to go at the 19:30 border house on the same day and prepare the said iron bars and the stock bars that he prepared in advance, and boarded the E-city bus on the same day, and arrived at the alleyway before the victim's house located in Busan Dong-gu, Busan around 20:30 on the same day, and the injured party gets a clerical error.

On the same day, the Defendant discovered that the victim gets home from the bicycle and got out of the bicycle, carried the steel bars by two descendants, leading the victim to the head of the victimized person, and even if so, turned the flick in the left head of the injured person, the Defendant exceeded the floor by making it difficult for the victim to escape.

피고인은 계속하여 바닥에 쓰러져 있는 피해자의 머리를 향해 위 철근을 휘둘러 피해자의 머리 부위를 6~7 차례 때리던 중, 피해자의 집에 있던 피고인의 모 G가 “ 퍽, 퍽.” 하는 소리를 듣고 밖으로 나와 피고인에게 소리를 지르며 만류하는 바람에 그 뜻을 이루지 못하고,...

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