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광주지방법원 해남지원 2016.02.17 2015고합34

살인미수등

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Criminal facts

On October 3, 2015, when the victim C, who is a female living together, had a good appraisal with the victim D, he was living together with the victim D and went to a F restaurant located in Namnam-gun E before the victim C was working on October 3, 2015, and confirmed that the victim D completed meals together with his behaviors and entered the G party hall in the vicinity.

When the Defendant was refused to return to F cafeteria and the victim C for a different meal but the business hours end, the Defendant threatened the victim C with a knife ( approximately 11 cm in length, approximately 20 cm in length in knife) which is a dangerous object prepared in advance, on the ground that the Defendant’s knife and the victim C had a different meal.

Then, the defendant was the victim D.

G Party D attempted to murder the left chest of the victim D with a knife in the knife of the knife, once, but the victim D did not have the intent to kill the victim D, and in the process, the victim D suffered approximately 1 cm above the left chest of the victim D.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Each police statement made to C, H, and I;

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

1. Application of Acts and subordinate statutes governing the field photographs of F cafeterias;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 284, 283(1) (special intimidation, choice of imprisonment), Articles 254 and 250(1) of the Criminal Act (the fact of attempted murder, and choice of abandonment of imprisonment);

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is added up for the attempted murder with heavier punishment) of the said Act;

1. Reasons for sentencing prescribed in Articles 53 and 55(1)3 of the Criminal Act (including favorable circumstances among the grounds for sentencing)

1. Imprisonment with prison labor for a period of two years and six months and six months in June 18;

2. Application of the sentencing criteria;

A. Recommendations 1 by type of crime 1) Special intimidation / [a type of determination] violent crime, intimidation, and four types (special intimidation for habitual repeated crime) (a person with special sentencing).