(영문) 대구지방법원 2015.06.12 2014고합585

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2015.06.12 2014고합585

존속살해미수

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

The excessive one (No. 1) seized shall be confiscated.

Reasons

Punishment of the crime

The Defendant was the natives of the victim D (n, 62 years of age) and was hospitalized in the F Hospital located in Yongcheon-si E from December 2013 to April 8, 2014 as alcohol addiction symptoms, and was discharged from the hospital located in Yongcheon-si E and was living together with the victim without any special occupation.

On July 11, 2014, the Defendant, while drinking alcohol at the residence located in Yongcheon-si G on July 18:25, 2014, told that “the victim would return to a hospital for alcohol treatment” on the ground of drinking alcohol from the time when the victim reached the meeting, so as to cause the victim to kill the victim, and took a transition (the length: 16cc, knife length: 6cc) being kept on the bend of the bend of the bend of the Defendant’s invasion, and knife with one hand, knife the victim’s clothes and knife the part on the left left left left side of the victim’s knife (e.g., 8cm). While the Defendant attempted to kill the victim, the Defendant did not have attempted to kill the victim when the victim was placed in an emergency hospital located in approximately 30 meters away from time to time, and did not have attempted to kill the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police interrogation protocol against the accused;

1. Statement made to D by the police;

1. Seizure records;

1. Each investigation report and the application of the relevant statutes attached thereto;

1. Relevant Article of the Criminal Act and Articles 254 and 250 (2) of the Criminal Act concerning the choice of punishment;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

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

1. The non-existence of intention to murder

A. The gist of the assertion was that the Defendant had no intention to murder at the time of committing the instant crime.

B. The criminal intent of murder does not necessarily require the purpose of murder or the intention of planned murder, but it is sufficient to recognize or anticipate the possibility or risk of causing the death of another person due to his or her own act, and its perception or prediction.

참조조문

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