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(영문) 인천지방법원 2020.05.26 2020고합90
살인미수
Text

A defendant shall be punished by imprisonment for seven years.

excessive one sheet (No. 1) seized shall be confiscated.

Reasons

Punishment of the crime

The Defendant, as a foreigner of Chinese nationality, entered the Republic of Korea on February 22, 2017 as a short-term visit visa, but the period of stay expires as of March 9, 2017, and is currently being illegally staying, and the victim B (B, 46 years of age, and Chinese national illegal stay visa) is the same as that of the construction site and becomes known to him.

At around 23:00 on January 30, 2020, the Defendant, while drinking alcohol with the victim, etc. at the victim’s residence located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu C Housing D, told the victim to the effect that “I will not work in third villages, I will do so under the direction of tea, I would like to kill the victim by breaking the face of the victim at a price per se.”

Accordingly, the Defendant collected a transition (22 cm in total length, 12 cm in length) that he left the body of the victim who gets out of the stairs that the victim gets out of the 1st floor, and the Defendant attempted to commit a crime without being able to commit a multiple sprinking damage to the side of the victim, such as the upper part of the victim's right side, the upper part, the left part, the upper part, the left part, the left part, the left part, the left part, the right shoulder, and the right buck part once every time. However, the Defendant did not commit a crime, even though he did not commit the multiple sprinking damage to the part of the wooden part that needs to be treated for about three weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution;

1. Each police statement made to B, E, and F;

1. Records of seizure, list of seized articles, and photographs of seized articles;

1. A report on internal investigation (field verification, etc.), CCTV images to captures, on-site identification reports, and on-site photographs;

1. Written opinions, medical records, and medical records;

1. Application of Acts and subordinate statutes to a written request for appraisal;

1. Relevant Article of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the choice of punishment;

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

1. The accused of the assertion shall be subject to violence from the victim.

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