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(영문) 의정부지방법원 2013.11.08 2013고합416

살인미수

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

At around 21:00 on September 16, 2013, the Defendant: (a) had an excessive telephone response with the victim D (year 31) to the head of the Defendant’s workplace while drinking alcohol together with the victim D (year 31) at the Defendant’s residence located in Gyeonggi-gun, Macheon-gun; (b) had an intent to kill the victim by reporting the victim who resisted the victim’s resignation from the head of the site site, while the Defendant directed the victim on the issue of a demand for resignation from the head of the site site, the Defendant tried to kill the victim by drinkinging the victim; and (c) had an attempt to kill the victim at the site of the Defendant at least twice on 21:30 on the same day (the total length of 18cm, the length of the day 9cm); and (d) had two parts of the victim’s chest and two times on the part of the victim, and had the victim do so on two occasions, such as beer, and one part of the victim, such as beer, and one part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Seizure protocol (Evidence No. 1);

1. A report on the results of field identification;

1. A medical certificate;

1. Family relation certificate:

1. Referral table for an appraisal request (No. 34 of the evidence list);

1. Each investigation confirmation (a copy of the statement hearing made by the doctor in charge on the upper part of the victim, and a copy of the records on the duty of the victim);

1. Application of the Act and subordinate statutes to the scene photographs and damaged photographs (E hospital);

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

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of applicable sentences: Imprisonment for one year and three months to seven years;

2. The scope of recommendations according to the sentencing criteria (determination of types), murder crimes, and general motives of two types.