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Reasons
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(영문) 서울중앙지방법원 2015.05.08 2015고합70
살인미수
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1. The punishment of the accused shall be five years;

2. Seized kitchen knife (24 cm in length, 11 cm in length, 13 cm in knife).

Reasons

Punishment of the crime

At around 23:00 on January 6, 2015, the Defendant 23:0, while drinking together with the victim D (the 34 years of age) at the Defendant’s residence located in Jung-gu Seoul, Jung-gu, Seoul, the Defendant 2, followed the kitchen [the 24cm in length (the 11cc, the knife 13cc, the knife 13cc), the knife knife (the knife knife knife knife knife knife knife knife knife knife knife knife knif).

However, the victim's escape on the first floor was not realized with self-defluence on the part of the victim, such as about 7 cm in depth, about 5 cm in length, and about 5 cm in length, in which the victim cannot know the duration of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. A protocol concerning the examination of partial police officers of the accused;

1. Statement of the police statement of E;

1. Each investigation report and investigation report (field investigation and relative investigation by a doctor in charge);

1. Answers to the fact-finding inquiry (written opinion of the chief engineer in charge) and materials attached thereto;

1. On-site photographs and photographs of damaged parts;

1. Application of Acts and subordinate statutes, such as a kitchen knife [24 cm in length (11 cm in length, 13 cm in knife), 1cm in length];

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

1. Determination as to the defendant's assertion under Article 48 (1) 1 of the Criminal Act concerning confiscation

1. The assertion that there was no intention to murder;

A. The summary of the claim is the fact that the victim has a kitchen knife at the time and place of the decision of the defendant.

However, at the time, the victim gets a knife first, and the defendant is merely a knife of a knife with a knife.

There was no intention for the defendant to murder the victim.

B. The intention of murdering legal doctrine does not necessarily require the intention of murdering or planned murder.

It is possible to result in the death of another person by its own act.

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