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(영문) 창원지방법원 2013.12.16 2013고합268
살인미수
Text

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

The seized kitchen shall be confiscated by one kitchen (No. 1).

Reasons

Criminal facts

The defendant is a person who is engaged in daily labor as a ship of the nationality of the People's Republic of China.

On August 22, 2013, at around 01:20 on August 22, 2013, the Defendant: (a) informed that the victim E (35 years of age) living together in the Defendant’s residence was under the influence of alcohol and damaged the Defendant’s computer and goods, etc., and (b) made a phone call to ask the Defendant for the reasons for the damage; (c) however, the victim was in the process of the call, and (d) was able to take a warning against the victim of the defect that “the son, Mana B, I

After the Defendant made a monetary call as above, the kitchen knife (30cm in total length, 17cm in length) in the kitchen, and went to the public parking lot in front of the F commercial apartment. At this point, the Defendant left the kitchen knife in front of the F commercial apartment and knife the Defendant’s head in front of the F commercial apartment. At the same time, the Defendant knife the Defendant’s left chest, the upper part, the left side side, the face side of the victim’s head, and 2 times in front of the victim’s head.

As above, the Defendant tried to murder the victim's body six times with the kitchen knife, but did not achieve the intent of murdering the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Investigative report (afusing photographs, such as a victim and a damaged site), investigation report (affording of a victim's investigation and an emergency record paper), investigation report (in cases of attaching a diagnosis document to the victim E), investigation report (af for confirmation of the injured part and change of facts of crime of the victim E);

1. Modifieds requested for a gene appraisal and briefings requested for an appraisal;

1. Application of the existing Acts and subordinate statutes of one kitchen, which has been seized, to one kitchen (No. 1);

1. Article 254 of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the applicable criminal facts, the choice of limited imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 48(1)1 of the Criminal Act

1. The defendant and his defense counsel;

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