(영문) 수원지방법원 안산지원 2015.09.25 2015고합161

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 안산지원 2015.09.25 2015고합161

살인미수

Text

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

2. excessive seizure shall be forfeited;

3. Requests for the attachment order of this case

Reasons

Punishment of the crime

Defendant

In addition, on June 27, 2015, the person subject to a request to attach an attachment order (hereinafter referred to as the "defendant") purchased an excessive one metre (9.5 cm in length, approximately 19.5 cm in length, hereinafter referred to as the "the transition of this case") from the top of the nearby wife around June 28, 2015, and purchased an excessive one metre (9.5 cm in length, approximately 19.5 cm in length, and hereinafter referred to as the "the transition of this case") and possessed it in the name of the victim E in the city of Ansan-gu where the victim was aware of his or her mother and his or her father.

At around 01:35 on the same day, the Defendant: (a) carried the victim on the street in front of “Balet” and fighting the body; (b) went away from the loading of the cargo parked behind his hand, and (c) tried to kill the victim at one time by cutting off the transition; (d) however, the Defendant was trying to kill the victim with the left part of the victim’s knife at one time. However, the Defendant was able to inflict an injury, such as damage to the warden, which requires treatment for about three weeks.

Accordingly, the defendant tried to kill the victim and attempted to do so.

Summary of Evidence

1. Partial statement of the defendant;

2. Legal statement of witness D;

3. Part of the interrogation protocol of each prosecutor's office against the defendant

4. Statement made by the police against D;

5. Statement of seizure of police;

6. Application of Acts and subordinate statutes, written opinions and diagnosis;

1. Relevant Article of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the choice of punishment;

2. Statutory mitigation;

(a) Articles 25(2) and 55(1)3 of the Criminal Act;

(b) Articles 52(1) and 55(1)3 of the Criminal Act;

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

1. The gist of the assertion was that the Defendant did not intend to murder the victim at the time of committing the instant crime.

2. Determination

A. In the crime of murder, the intent of murder is to kill.

참조조문

유사 판례

-수원지방법원 안산지원 2016.01.29 2015고합192

-수원지방법원 안산지원 2018.08.22 2018고단2134

-수원지방법원안산지원 2020.12.17 2020고단703

-수원지방법원 안산지원 2014.12.31 2014고합380

-수원지방법원 안산지원 2017.04.14 2016고합379