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Reasons
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(영문) 수원지방법원 2013.12.06 2013고합477
살인미수
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A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

around 18:00 on May 2, 2013, the Defendant drinking alcohol at the “E” main point operated by D in Ansan-si, Seoul.

At that time, the victim F (the 42 years of age) stated that the above D would have the drinking value on credit before the above main point, and this means that the Defendant’s daily living G referred to as “if the victim would drink the money.”

In order to comply with the victim, D's defect entering the said main shop is likely to be fighting, so he/she locked the said main shop.

Nevertheless, when the victim saw the victim into the front window behind the above main window and expressed the defendant's desire, the defendant taken over the above main window and attempted to kill the victim by taking away a transition (12 cm in length, 23 cm in total length) in the state of the above main pole, and thereby taking 5 cm in depth in order to kill the victim, the victim took part in the knife of the knife with the knife of the knife, but the victim took part in the knife of the knife with the depth of 5 cm in order to kill the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of each prosecutor's protocol of examination of the defendant against the defendant;

1. The prosecutor's statement concerning G;

1. The police statement of H;

1. Police seizure records;

1. A medical certificate (F), or a copy of a medical record (F);

1. Each related photograph (on-site and CCTV, he/she himself/herself in hole, upper part, etc.);

1. Determination as to the defendant's assertion of the 112-reported case handling table and each investigation report (the current status of the suspects, reasons for not attaching photographs, and hearing of the counter party statement of medical advisory members)

1. The summary of the argument was the fact that the Defendant was taking the knife in the kitchen at the time, but the Defendant only left the knife of female women at his own knife G and the main place of his knife, and did not knife the victim in the course of disputing with the victim.

2. According to the evidence duly adopted and examined by this court, when G leaves the door at an investigative agency, the victim.

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