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(영문) 수원지방법원 2018.06.29 2018고합77
살인미수
Text

1. The defendant shall be punished by imprisonment for six years;

2. One excessive (No. 1), one lock (No. 2), one knife (Evidence 2) and one knife (Evidence.) that have been seized.

Reasons

Punishment of the crime

In 2015, the Defendant lost the claim for damages under a partnership agreement related to the sale of a commercial building that was filed against C (Representative Director D) in around 2015, the Defendant raised a complaint, and requested the victim F (F) who is an employee of the said company who had repeatedly found or called to work in the management office of the building in the Young-si District E in the location of the said company, the location of the said company, requested the victim F (P, 43 years of age), who was an employee who had been working in the said office, to exchange D. However, the Defendant was not able to see that the victim did not cause D, but did not cause it to be bad, and caused the victim to murder.

On February 2, 2018, at around 13:35, the Defendant found in the above C building management office and attempted to kill the victim of approximately 5:6 times to the right side of the victim, while the parking range G manager, who reported and followed the Defendant, did not control the Defendant, and did not commit an attempted crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Each police statement made to H, F, G, and I;

1. A medical certificate;

1. A general list of seized articles, each protocol of seizure (voluntary submission), and each list of seized articles;

1. A photograph of seized articles, on-site photograph, content of text messages, and victim's photograph;

1. On-site reports on results of field identification, CCTV CDs, and on-site verification photographs;

1. A response letter requested by the Seoul Scientific Investigation Institute;

1. Application of the Acts and subordinate statutes to the investigation report (CCTV investigation), investigation report (victim F telephone conversations), investigation report (the search of security guards), investigation report (the search of security guards), investigation report (the search of other parties to the complaint for the management of shots), investigation report (the investigation, etc. of the victim), investigation report (the current status and injury of the victim), investigation report (the investigation report, etc., and investigation report (the hearing of F Telephone statements);

1. Relevant Article of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the selection of criminal facts;

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

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