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(영문) 청주지방법원 영동지원 2013.05.22 2013고합2

살인미수

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

Around January 19, 2013, the defendant met with F, operated by the victim E (Woo, 60 years of age) who is a son in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and the victim appeared to drink with male and drinking, and the victim was suspected of not getting wind, and the victim made a telephone call with the victim on the same day, and made a dispute over his relationship with the male.

At around 19:50 on the same day, the Defendant: (a) sought the victim from F, who had been in dispute with the victim, again brought the victim up to the fast floor while taking a desire to do so; (b) listened to the victim who intends to take part in the floor after diving, who was able to say, that “pact such gue is once again known” from the victim who was able to take part in the bend floor, and became fabd so far by gathering a knife (18cc in the blade length) on the left part of the victim, by gathering the knife that was in the bend in the bend hand.

As a result, the Defendant attempted to kill the victim, but the victim's knife 10 cm tear, and the victim's knife knife knife entered 3 cm below the heart through the 7th bones of the victim, thereby resulting in the victim's attempted escape, treatment days, and the victim's opening of the knife knife.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement of G, H, and E (including the I's statement);

1. Seizure records;

1. The application of Acts and subordinate statutes, such as medical certificates, medical records, and opinions;

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

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation and community service order under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Confiscation Article 48(1)1 of the Criminal Act