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(영문) 대구지방법원 서부지원 2015.06.11 2015고합56
살인미수
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

The Defendant is a foreigner who entered the Republic of Korea on Nov. 25, 2008 and whose period of stay expires on Apr. 29, 2011.

From April 2015, the Defendant was aware of the victim C (the age of 41) who is a foreigner of the illegal stay in Vietnam's nationality and the same high-speed in Vietnam's residence in Vietnam, and was living in the side of the victim's residence in the area adjacent to the victim's residence, resulting in a difference of ordinary nature, frequently conflicts with the victim with the victim, and led to decentralization and dissatisfaction against the victim.

On May 2, 2015, the Defendant, at around 20:00, committed a dispute with the victim due to an appraisal of the friendship and drinking of the Vietnam nationality, including the victim, in the dwelling of the Defendant in the Seogu-gu, Daegu-gu, Daegu-gu, and due to a usual sentiment of the victim, the Defendant was able to kill the victim by taking away the victim out of the room of the main of the Defendant’s body due to the Defendant’s drinking eye while the victim was frightened with the Defendant’s body of the head due to the Defendant’s illness.

The Defendant cited a knife (No. 4, 14 cm in length, 17 cm in length, knife) which is a lethal weapon located on the kitchen building stand in the above residential area, as his hand, and attempted to kill the victim's right upper part of the knife in a single knife with the upper part of the knife in which the victim would return back to the above residential area. However, the Defendant did not go against the victim and attempted to kill the victim's right upper part of the knife in a single knife.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of E and F;

1. The notification of the 112 Incident Report-Related Department, report on the situation, request for investigation cooperation, list of foreigners, each investigation report (in relation to the working clothes company, etc. infected with the 112 Incident, identification of the status of CCTV related to the violence of foreigners, on-site verification and attachment of photographs, identification of the suspect, victim and suspect's residence, relative search who is the main owner of the crime of this case, on-site photo, food-scar seizure site photo, and on-site identification results.

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