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(영문) 전주지방법원 군산지원 2012.08.10 2012고합109

살인미수

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On May 24, 2012, the Defendant: (a) was assaulted by the Victim D (26 years of age) with his own good care; and (b) was dissatisfied with the assaulted by the Victim D (26 years of age); (c) was committed on May 24, 2012, on the premise that the victim did not contact C but did not comply with it; (d) was frightening the victim; and (e) did so; and (e) died of all the four families; and (e) the victim did not die. In governance, the Defendant sent the written text stating that “I will die. I will die. I will die.” (e) sent the victim and the victim who contacted the victim.

The defendant, around 01:05 on May 25, 2012, in the old world near the Ma apartment in the Gunsan-si around 01:05, there is a dispute with the victim as above.

The victim tried to kill the victim again after knife the part of the victim's knife with knife, 10cm in length, 10cm in length, 10cm in knife, knife 1) which he had had at the house in advance, by snifeing the part of the victim's knife, but the victim knife with left hand, and attempted to kill the victim again, but the victim knifeed and attempted to do so by resisting the victim for about six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and D;

1. A medical certificate;

1. Application of the existing Acts and subordinate statutes of one excessive (No. 1) confiscated;

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

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. As the defendant's defense counsel's assertion on the defendant's defense right under Article 48 (1) 1 of the Confiscation Criminal Code is judged, the defendant's defense counsel reported the victim's neck to F where the defendant had a knife and knife the defendant's knife, and the defendant knife the knife.