(영문) 대전지방법원 천안지원 2019.07.24 2019고합96

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 천안지원 2019.07.24 2019고합96

살인미수

Text

A defendant shall be punished by imprisonment for four years.

A seized kitchen (No. 1) shall be confiscated.

Reasons

Punishment of the crime

At around 02:00 on May 12, 2019, the Defendant, while drinking alcohol at the Defendant’s residence located in Seo-gu, Seo-gu, Seo-gu B apartment C, Seo-gu, Seocheon-gu, Seocheon-gu, the Defendant 2: (a) took a fluoral disease where several persons live in E, the next house where the victim D (Nam, and 31 years of age) are living, for the reason that the noise occurs due to e, fluence and noise, and (b) took a fluoral disease in front of the above E-heading hall, and took a fluoral disease in front of the Defendant’s residence, and (c) took a fluoral knife (19cm length per day), or divided the portraits of the above E-heading group into several times.

After that, while the defendant has opened and emitted the front door, the victim knife knife the part of the victim's knife, and the victim knife the part of the victim's knife with both hands, the knife knife knife the part of the victim's head, the victim's knife knife the part on the left side of the victim's head, and the victim knife knife the knife.

As a result, the Defendant attempted to kill the victim, but the victim and his/her behaviors were to put the body, leg, etc. of the defendant and to put the victim under pressure for about two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. The statement of each police officer made to F and G;

1. A written diagnosis of injury;

1. Records of seizure and the list of seizure;

1. Determination as to the assertion by the defendant and his defense counsel of each photograph (the investigative record 22,71 pages)

1. The summary of the argument was that the Defendant did not want to knife the part of the victim with a knife, and the Defendant tried to knife the victim with a knife in order to resist the noise problem and did not intend to kill the victim.

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.

유사 판례

-서울남부지방법원 2017.03.24 2017고합43

-대전지방법원 공주지원 2016.09.07 2016고합13

-창원지방법원 2015.04.23 2015고합51

-대전고등법원 2015.07.17 2015노90

-부산고등법원 2019.11.13 2019노402