(영문) 수원지방법원 2015.04.07 2015고합12

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(영문) 수원지방법원 2015.04.07 2015고합12

살인미수

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A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

On April 8, 2008, the Defendant was a person who escaped from North Korea from North Korea on April 8, 2008. On November 5, 2012, the Defendant transferred to Belgium the victim C (the victim 29 years of age) who was North Korea, and was unable to adapt to the Korean society. However, during this process, when the Defendant caused the fraud of the relevant property and returned to Korea, the Defendant threatened the victim with a deadly weapon, thereby threatening the victim, and attempted suicide, etc., while the marital relationship with the victim was broken down and the divorce lawsuit was brought about separately from November 18, 2014, the Defendant got a strong sense against the victim.

On November 27, 2014, at around 21:00 on the same day, the Defendant met the victim living together with the victim, and tried to kill the victim by taking a sprinking him/her on the floor and by taking a sexual intercourse at around 21:40 on the same day. However, the victim forcedly refused a sexual intercourse, resulting in the victim's refusal of a sexual intercourse, leading him/her to kill the victim, leading him/her to sprinkbbbbbing on the part of the victim, and the sprinking him/her on the part of the victim, leading the victim to sprinking the two arms of the victim on his/her back, and she led the victim to “I do not want to kill, I do not want to do so,” and she tried to kill the victim by taking the victim’s sprinking with his/her hand, but did not have the intention to kill him/her on the part of the victim.

Accordingly, the defendant tried to kill the victim, but did not commit it but did not commit an attempted crime.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

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

1. Police suspect interrogation protocol of the accused;

1. Statement by the prosecution against C;

1. Statement to C by the police;

1. A medical certificate of injury, and a damaged photograph;

1. Sending text messages to the defendant and the victim;

1. Report on the situation, and details of report; and

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