(영문) 서울동부지방법원 2015.12.29 2015고합296

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자간(%)

(영문) 서울동부지방법원 2015.12.29 2015고합296

살인미수

Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant did not communicate with the victim for about two weeks on the ground that he/she did not fully repay 20,000 won out of 110,000 won that he/she lent to him/her in advance even though he/she had a relationship with the victim D (22 years of age).

At around 03:00 on September 23, 2015, the Defendant met with E, victim, etc., and continued to drink with the Defendant’s house located in Gangdong-gu Seoul Metropolitan Government Building No. 101, when he met with E, victim, etc., and he met with the Defendant’s house at around 05:00, and the Defendant met with the victim’s statement that “I have the right to late payment with the Defendant’s loan of the fee and the payment of the fee, and I have the other friendship.”

At around 07:50 on the same day, the defendant discovered that there is a transition (13cc in the blade length, 23cc in the total length) to the knife and the knife house attached to the knife in the knife receipt box while seeking the defendant's house, and that the victim was flife to kill the knife, and flife the above transition by the knife hand, and led the victim to a strong part of the left part of the knife.

As a result, the Defendant attempted to kill the victim, but the Defendant did not commit an attempted act but did not commit an attempted act on the part of the victim, on the part of the victim, by reporting that the victim was subject to restraint from E on the job, and that the victim was unable to commit an act of play, and thus, the Defendant committed an injury, such as approximately 30 days of medical treatment (1.5cm in length, 5cm in depth, 5cm in length), and damage to the wall, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's protocol of examination of the accused;

1. Statement by the prosecution concerning D;

1. Each police statement made to D and E;

1. On-site reports, internal investigation reports, details of reports on 112 cases, and emergency rescue information;

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