(영문) 부산지방법원 2018.06.08 2018고합60

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자간(%)

(영문) 부산지방법원 2018.06.08 2018고합60

살인미수등

Text

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

Reasons

Criminal facts

The Defendant committed the following crimes under the state that the Defendant had the ability to discern things or make decisions due to the on-site illness:

1. From the end of December 2017, the name of the victim C, which was written in the facts charged by the Defendant’s mother and living together, is obvious that the cause of divorce for ten years prior to the Defendant’s mother is a clerical error and correct.

(43) While seeing that it is due to (43) the victim's fears about the victim, the victim had a mind to kill the victim by misunderstanding that the victim's conspiracys the defendant's mother and that the defendant's mothers should be separated from that of the defendant.

On December 31, 2017, the Defendant: (a) around 21:40 on December 31, 2017, at 'E’, operated by the injured party in Busan Northern-gu; (b) returned the body to the tobacco display place installed after the injured party's marine, and prepared in advance the gap in arranging the display place (No. 42 cm in length and No. 1) as both hand; (c) went back from the back of the injured party; (d) went back to the back of the head of the injured party; and (e) continued to ice back the mother part of the injured party’s mother part and head part of the injured; (e) tried to kill the injured party by making it possible, but the injured party did not have attempted to take the part of the deceased’s mother and head part as a hand, and she did not have attempted to flee out of the said mate.

2. On December 31, 2017, the Defendant: (a) committed a theft by driving one 125 cc U.S. market value equivalent to KRW 1.25 cc. in the victim’s possession, which was set up and set up at the same place, in front of the Maart around 22:35 on December 31, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Each investigation report (No. 3 through 8, 14, 15, 17, 19, 25, 26, 29, 30) and accompanying documents each time;

1. Police seizure records;

1. Application of Acts and subordinate statutes to the CDs (CCTV video recording), each photograph (defavolution, 112), and the report processing table, opinion sheet, and opinion sheet;

1. Article 254 of the Criminal Act and Articles 250(1) of the Criminal Act (the occupation of murder and attempted murder) concerning criminal facts.

참조조문

-형법 제250조 제1항

-형법 제254조

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