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(영문) 수원지방법원 안산지원 2014.08.22 2014고합149

살인미수

Text

1. The defendant shall be punished by imprisonment for seven years;

2. The request for the attachment order of this case is dismissed.

Reasons

Punishment of the crime

Defendant

In addition, around 09:30 on April 29, 2014, the person subject to a request to attach an attachment order (hereinafter referred to as the "defendant") was aware that he/she had a dispute about the victim E (the age of 45) and the age of him/her while divinging alcohol in the D conference room located on the second floor of the C Ground Building in light of light life, and the victim was able to kill the victim, and the locked person was the victim.

The Defendant, who was divingd by the Defendant, knife a part of the victim, such as the left side of the victim with the kitchen knife, and the kitchen knife more than 8 cm in depth, while the kitchen knife with the victim’s upper part of the left side while coming to the victim’s upper part of 10 meters in depth, led the victim to a snife and scife, but the other person was to take the above kitchen knife from the Defendant, and to receive emergency treatment by sending the victim back to the hospital, thereby causing injury to the victim, such as damage to the left side of the victim requiring six-day medical treatment.

Accordingly, the defendant attempted to kill the victim, but failed to do so, and attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

2. Each police statement of the E, F, and G;

3. Police seizure records;

4. A written diagnosis of injury;

5. Application of each statute of photograph;

1. Articles 254 and 250 (1) of the Criminal Act applicable to the facts constituting an offense;

2. Reasons for sentencing of alternative or limited imprisonment; and

1. The scope of applicable sentences: Imprisonment for not less than five years nor more than thirty years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Determination of types: homicide - Type 2 (Murder with Ordinary Mos);

(b) Special contributors: Serious injuries;

(c) Scope of recommendations: Imprisonment for five years to twenty years [the lowest limit of the recommended sentence range (15 years), which is one-third, the upper limit of the recommended sentence range (30 years), shall be reduced to 2/3, respectively].

3. In this case, the injured party shall be the injured party solely on the ground that the accused has been aware of a dispute with the injured party due to his age.