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(영문) 수원지방법원 안산지원 2017.12.22 2017고합192
살인미수
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant, while living together with the victim C (mast, Esbekitan, 37 years of age) on June 18, 2017, at the Defendant’s residence located in Ansan-si D and 501 on June 18, 2017, he/she had a dispute over the victim’s male problem while drinking together with the victim with the victim, and the victim sent money to his/her mother’s mother, and the victim took a telephone call for the victim’s on the rooftop of his/her residence, and led to the subsequent dispute.

The defendant continued to have a dispute with the victim on the rooftop of his/her residence, and the victim committed a stroke or attempted to kill the victim's stroke, such as avoiding the victim's stroke, threateninging the victim's stroke, leaving the victim's stroke by hand after the victim's stroke, but the victim was strokeed or attempted.

2. The gist of the defendant's and his defense counsel's assertion was that he was aware of being placed behind the victimized person, but did not take the victim's neck, and did not have any intention to kill.

3. The recognition of facts constituting an offense in a criminal trial should be based on strict evidence of probative value, which makes a judge not to have any reasonable doubt. Thus, in a case where the prosecutor’s proof does not reach the extent that the prosecutor’s convictions, there are circumstances, such as whether the defendant’s assertion or defense is contradictory or unreasonable, and whether the defendant’s assertion or defense is doubtful or not.

Even if the interests of the defendant should be determined by the interests of the defendant (see Supreme Court Decision 2012Do231, Jun. 28, 2012, etc.). 4.

A. The following circumstances revealed by the evidence duly adopted and investigated by this Court reveal that the Defendant is not guilty of committing the same crime as the facts charged.

1) On June 18, 2017, around 23:30, Ansan-si members D, and housing.

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