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(영문) 서울동부지방법원 2018.02.21 2018고합8

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

Punishment of the crime

The defendant has been living together with the victim C (V, 40 years of age) since 2015.

At around 08:30 on January 6, 2018, the Defendant, at the victim’s house located in Gangdong-gu Seoul Metropolitan Government, tried to kill the victim on the ground that he was talking about and talking about talking about the victim. After the victim was pushed down, the victim was pushed down on the part of the victim, and then the victim was tried to kill the victim by hand. However, the Defendant attempted to kill the victim by misunderstanding that the victim was able to stroke down and stroke down the face with red. However, the Defendant attempted to commit the crime by misunderstanding that the victim was dead by reporting that the victim was strokeed with drinking water and the face was cut off with red.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Relevant Article of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act (the occupation of attempted murder and the choice of organic imprisonment) concerning the crime;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for observation of protection and observation;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and three months to seven years;

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

(a) [Type] The range of sentence for the crime of murder recommended to be mitigated to 1/3 and the upper limit to 2/3, respectively, because it is an attempt to commit murder in the area of special mitigation (one to two years from February 1 to eight years);

(b) [Specially mitigated persons] self-denunciation and non-denunciation of punishment;

(c) [Scope of the revised punishment] One year and three months from March to seven years (the lowest limit of the punishment by law is higher than the minimum limit of the recommended punishment according to the sentencing guidelines set out in the sentencing guidelines, and the maximum limit of the punishment by law is lower than the maximum limit of the recommended punishment according to the sentencing guidelines, so both the award and the lower limit are set by law to the applicable sentencing guidelines);

3. Determination of sentence: Imprisonment with prison labor for two years, and the defendant with a suspended sentence for three years shall be employed by the injured person;