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(영문) 대구지방법원 2018.06.15 2018고합163
살인미수
Text

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

One knife (No. 1) of seized wooden knife shall be confiscated.

Reasons

Punishment of the crime

[criminal records] On March 24, 2015, the Defendant was sentenced to six months of imprisonment due to an injury, etc. at the Daegu District Court, and completed the execution of the sentence at the Daegu Prison on September 20, 2015.

[2] On April 10, 2018, the Defendant: (a) around the house of the victim D (Woo, 64 years of age) located in Daegu-gu, Daegu-gu, Seoul-gu; (b) 50,000 won of the amount which the Defendant had not received out of KRW 100,000 of the construction cost of Seodaemun-gu, to the victim after drinking alcohol; and (c) 17:15 years of age;

In the indictment, a tree knife, which is a dangerous object that the victim refused to talk and went back to a stude, and was prepared in advance, stated that the wooden knife’s indictment is “a tree gmone,” but it is corrected to “a tree gmone” as stated in the list of seized objects.

( Length, 68 cm in diameter, 3.5 cm in diameter) the head of the victim was landed, and the victim continued to get the head of the victim 4 to 5 times consecutively, while the victim was laid down on the floor, and the victim was suffering, and the victim was flicked, and the head was 4 to 5 cm in length, even though the victim was defended by both hand.

As can be seen, the Defendant, carrying dangerous articles, changed two 35 days of medical treatment to another person on May 14, 2018, in the facts charged that the prosecutor changed to another person on the basis of the victim’s injury, “two strings” was absent. However, according to the evidence submitted, the injured person was found to have suffered the above injury (which is the 46th page of the evidence record), and there is no concern that the Defendant may have any substantial disadvantage in exercising his/her right of defense. Thus, the Defendant shall correct

In this regard, injuries such as the cutting of the aggregate floor of heavy water were inflicted.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. A report on internal investigation (in cases of attaching a deadly weapon used by the person under investigation at the scene and by the latter);

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