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(영문) 인천지방법원 2012.10.25 2012고합1011

살인미수

Text

The punishment of the accused shall be four years of imprisonment.

Seized knife shall be confiscated.

Reasons

Punishment of the crime

From August 2011, the Defendant had been on long-term speculation in the “EMel” operated by the victim D (years 71) in Nam-gu Incheon Metropolitan City.

On March 1, 2012, at around 17:09, the Defendant: (a) informed the victim that the victim would have urged the victim to use the tight Eel 103; and (b) if the victim could not pay the fire, the Defendant would not be adequate for the victim of the defect.

Nevertheless, the victim demanded two times to find and go back again, and caused the injury of the victim, such as the knife knife, flag (29cc in total length, 15cc in knife length) that is a deadly weapon in the bed side of the bedle, which is a deadly weapon (15cm in knife length) in the bed side of the bedle, so long as the victim's right side knife has been powered once, the victim caused the injury, such as the damage of the bed knife, the knife of the wall that requires about five weeks of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant legal provisions concerning facts constituting an offense: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act;

1. Confiscation: The reason for sentencing of Article 48(1)1 of the Criminal Act [the type and recommendation field] violent crime. Specific injury No. 1. Aggravation area [the scope of sentence and recommendation]: serious injury [the scope of sentence] from 3 to 5 years [the decision of sentence] imprisonment with prison labor for 3 to 4 years], the summary of the facts charged in this case was that the defendant attempted to murder the victim in knife but attempted to murder the victim with knife as stated in the facts charged.

While recognizing the facts, the Defendant did not have the intention of murder.

The Defendant, due to the smuggling, knife damage caused the victim and vagabonds, and knife the victim's side knife with a knife, and escaped as it is.

There is a lack of data to regard that the number of sludge is only one time, and that the damage is also fatal.

In light of these circumstances, the prosecution has been submitted.