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(영문) 서울남부지방법원 2020.06.05 2020고합163
살인미수
Text

A defendant shall be punished by imprisonment for five years.

Seized knife No. 1 (No. 1) shall be confiscated.

Reasons

Punishment of the crime

On March 21, 2020, the Defendant: (a) around 16:30, at a restaurant operated by the victim B (the 74-year-old) located in Guro-gu Seoul on March 21, 2020, the Defendant: (b) thought that the victim, while under the influence of alcohol, franks the Defendant, and said victim thought that he would disregard the Defendant; (c) and (d) thought that he would drink the Defendant, and (d) said restaurant called “I will die at any time.”

피고인은 같은 날 19:15경 위 음식점에 다시 찾아가, 마침 다른 손님과 이야기를 나누며 밖에 서 있는 피해자에게 다가가 “낮에 소란을 피운 것을 사과하고 싶다.”며 피해자의 팔짱을 낀 채 가게 옆 골목길로 유인하였다.

In order to kill the victim, the Defendant: (a) laid the knife knife knife (29.7cm in total length, 16.7cm in knife) which was hidden in the Akife of the Akife; (b) however, the victim avoided it and avoided it, and tried to set the knife knife knife on the left side of the victim who was tryed to defend the victim several times; and (c) the victim’s knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement concerning C and B;

1. Investigation report (victim B telephone communications);

1. Photographss of seized articles, photographs of victims, CCTV images (No. 10-1), CCTV (No. 34);

1. A medical certificate;

1. A gene appraisal report;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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

1. The defendant and his defense counsel shall use the part of the defendant's arms.

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