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(영문) 서울남부지방법원 2020.05.14 2020고합143
살인미수
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

In November 2019, the defendant met the victim B (the age of 63) at Dongine on November 2019, and got a baby who drinks together around that time.

Around 03:00 on March 7, 2020, the Defendant argued that the Defendant had the face of the Defendant at one time, without any particular reason with the victim who had the drinking together at a single dysium from the beginning of the day before the year of the alcohol, and the Defendant had the face of the Defendant.

The Defendant, as a drinking, went beyond the boundary line of the road by leaving the victim.

The Defendant deducted lids from the victim's knee kel and kne-kel, and kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-k

The Defendant continued to kill the victim by liding the victim's face at the end of the same five times through six times. However, the Defendant attempted to kill the victim by liding the victim more than five times. However, the Defendant failed to commit an attempted crime by discovering and reporting the Defendant and the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. A report on the results of field identification;

1. A criminal investigation report (the confirmation of the state of the victim and family relations), a criminal investigation report (the investigation of the situation at the time of the statement by a shoter and the second investigation, etc.), a criminal investigation report (CCTV image verification 1), a criminal investigation report (the confirmation 2 and on-site search), a criminal investigation report (related to the state of the victim and his/her statement), and a criminal investigation report (the photograph of

1. Application of Acts and subordinate statutes to each on-site photographs and victim status photographs;

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

1. Discretionary mitigation;

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