logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 수원지방법원 평택지원 2013.11.06 2013고합106
살인미수
Text

A defendant shall be punished by imprisonment for three years.

except that the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 8, 2013, the Defendant, at around 11:10 on August 8, 2013, Da, D’s mother, and neighboring victim F(n, 42 years of age) living together with E, was in a dispute with E while drinking together, and became out of D upon the victim’s solicitation.

The Defendant had a good appraisal of the victim on the ground that he had the victim’s written examination of the victim E. As such, the victim was able to have a fluorous statement from the front door outside of the front door, and the victim was able to have a fluorous statement of the victim E and the victim fluorously fluor, and the victim was able to have a fluorous statement of the victim E and fluorously fluor, and fluortly fluor, which is a deadly weapon stored in the front door fluor, and fluorous weapon (the total length: 32 cm, the day length: 20 cm) and tried to murder the victim by having a fluorous part of the victim’s fluorous statement of the victim’s fluorous statement, but at the same time fluorously flusing the defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness E, D and F;

1. Records of seizure and the list of seizure;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Relevant Article of the Criminal Act and Articles 254 and 250 (1) 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 defendant and his defense counsel's assertion under Article 48 (1) 1 of the Criminal Act

1. The fact that the victim was injured by the knife cited by the defendant, but the defendant did not have the intention of murder.

2. Determination

A. In the crime of murder, the intent of murder does not necessarily require the purpose or planned intention of murder, but is likely to cause the death of another person due to his own act.

arrow