(영문) 서울동부지방법원 2014.08.14 2014고합130

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(영문) 서울동부지방법원 2014.08.14 2014고합130

살인미수

Text

1. The defendant shall be punished by imprisonment for four years;

2. A knife (Evidence 1) seized shall be confiscated from the defendant;

Reasons

Punishment of the crime

Since April 16, 2014, the defendant had been living in D's house located in Seoul Gwangjin-gu Seoul Special Metropolitan City, and had a relation between the victim E (ma, 41 years old) who had been living in the house and the inconvenience.

At around 00:55 on April 21, 2014, the Defendant tried to kill the victim in a quantity of five times, such as the victim and DNA, while drinking the victim and DNA, under the influence of alcohol, the Defendant was able to take a brush and urine in the room. The Defendant demanded that the Defendant “this brush, surg,” etc. be able to take an brue and flue at the house, and that the Defendant brut the brue (No. 1, No. 20cm in the knth of the knth and knth of the knife) in a toilet by cutting the knife at the knife of the knife, and knife the face, knif, etc. of the victim against it, but she tried to kill the victim immediately.

Accordingly, the Defendant attempted to kill the victim, but did not commit an attempted crime.

[Defendant asserts that there was no intention to commit murder. However, in light of the degree of injury of the victim caused by the crime of this case, the Defendant appears to have reached knife due to strong force to the extent that it could inflict damage on the body inside the body of the knife, which is a deadly weapon, and such force can be objectively and sufficiently predicted that the occurrence of a fatal danger to the life of a person, face, and part of the knife may occur. Thus, it is reasonable to view that the Defendant was aware or predicted of the possibility or risk of causing the death of the victim due to dolusent act at the time of committing the crime, the above argument by the Defendant is not acceptable).

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Records of seizure, list of seizure, and photographs of seized articles;

1. Written Opinions, Investigation Report and Victim E.

유사 판례

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