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(영문) 부산지방법원 2017.07.21 2016고합942
살인미수
Text

A defendant shall be punished by imprisonment for five years.

Seized evidence Nos. 1, 2, 4 and 5 shall be forfeited from the accused.

Reasons

Punishment of the crime

On June 8, 2016, the Defendant was diagnosed as “mast disability” at the Busan East Asian University Hospital and was hospitalized on July 4, 2016, and was discharged from the hospital and received outpatient treatment, and was receiving outpatient treatment, the Defendant attempted to kill an unspecified male with physical strength by using a dynasium that was inside the house with a tool to resolve the depression.

On December 2, 2016, the Defendant: (a) discovered the victim E (53) as a primary supplier of the third degree of mental disability, in which the Defendant was arranging for the abolition in front of the D cafeteria located in Busan Yagu, the lower court, around 01:20 on December 2, 2016; (b) discovered the victim E (53 cm); (c) opened the victim’s head head in the Defendant’s house warehouse, which is a dangerous article possessed in the Defendant’s house warehouse, in a single set of 30cm in length; and (d) continued to take hand in order to protect the head’s head’s head’s body and hand in a number of times, the victim’s head and hand were unfolded so that the victim might have been deprived of the situation, and then died, and then the victim was able not to have his head’s head covered by the death of the victim.

이로써 피고인은 피해자를 살해하려 하였으나, 피해자에게 약 8 주간의 치료를 요하는 안와 골절, 약 5 주간의 치료를 요하는 좌측 제 2근 위지 골 골절, 제 2 중수골 골절, 제 3 중 위지 골 골절, 머리 부위를 약 30 바늘 꿰매는 봉합수술을 받게 하는 상해를 입게 하는 데 그침으로써, 피해자를 살해하려는 뜻을 이루지 못하고 미수에 그쳤다.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each investigation report (at a moment, 1, 4, 5, 6, 10, 14, 15, 19, 20, 32) and data attached to the investigation report, reply to a request for appraisal, gene assessment, delivery, notification of correction of a request for appraisal, and gene assessment report.

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