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(영문) 대구지방법원 김천지원 2018.04.17 2017고합125
살인미수
Text

The punishment of the accused shall be three years of imprisonment.

However, the above sentence shall be executed for a period of five years from the date this judgment became final and conclusive.

Reasons

Criminal facts

On August 10, 2017, the Defendant of the JE entered the Republic of Korea as a visa for a short-term visit (C3) around August 10, 2017, and has been illegally staying in Korea until now.

The victims C(34) and D(31) of the same nationality are the names of the defendants.

On December 18, 2017, the Defendant, at around 07:00, had 304, a total of 5 persons, including victims and the same mong F (M, 36 years of age), a Korean national, and the G (M, 37 years of age) who naturalization with Korean nationality from the Korean nationality, and had a dispute with the victim D.

While under the influence of alcohol, the Defendant lacks the ability to discern things or make decisions, the Defendant was in dispute with the victim D, and “C” was in dispute with the victim D.

The death will be discarded.

“Along with the kitchen’s sound, the kitchen was in the kitchen (13cm in length of the day) and the kitchen was in the kitchen, three times the right part part of the victim C, and continued to murder the victim D’s left part part of the parallel beer and the head head beer once, and the victim attempted to murder each other. However, the victim C transferred the victim D with the 119 first aid victim's knife dispatched to the scene to the hospital, and then sent the victim C did not reach the result of the murder due to the wind of the surgery, and the number of days of treatment to the victim C did not know, and the victim D suffered injury to the left part of the kitchen and the blood beer, which requires approximately eight weeks treatment to the victim D, respectively.

Summary of Evidence

1. Entry of the accused in the first trial record;

1. The second written protocol concerning the examination of the accused to the prosecution;

1. Each police statement made with respect to G, C, and D;

1. Investigation reports (attached articles Nos. 1 and 2, accompanying photographs, site photographs, etc. of each victims, the degree of injury to each victims, accompanying medical certificates of each victims, and attaching photographs, etc. of the victim D's injury) and photographs and medical certificates;

1. A report on internal investigation (a report on the recognition of a suspected suspect H);

1. Application of statutes on records of seizure and lists of seizure;

1. Criminal facts;

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