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(영문) 대구지방법원 경주지원 2014.02.07 2013고합73

살인미수

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

A knife knife knife knife (No. 1) shall be confiscated.

Reasons

Punishment of the crime

The defendant shall have a long-term hand over the victim D (the age of 56).

On November 16, 2013, around 23:30 on November 16, 2013, the Defendant saw the Defendant’s wife at “F cafeteria” restaurant operated by the Defendant, G, who is the Defendant’s wife, attached a vision with the victim. During that process, the Defendant saw the Defendant’s face to drink from the victim.

As above, the victim was born out of his house in order for him to return to his house, and the defendant was able to kill the victim, and knife a knife (33 cm in total length, 21 cm in knife) in the kitchen.

In the above restaurant, the Defendant got approximately 100 meters away from the above restaurant on the top of the 100-meter patrol boat of the racing police station, and took the face of the victim who saw the victim's left-hand knife two times as a drinking, etc., the Defendant did not intend to kill the victim from the police officer who observed the victim's wife and the crime. However, the Defendant did not have the intent of murdering the victim from the left-hand knife of the victim's face.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. Seizure records;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

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

1. The heads of offenses under Article 48 (1) 1 of the Criminal Act to be forfeited;

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to fifteen years;

2. The scope of the recommended sentence according to the sentencing guidelines (the scope of the recommended sentence for the crime of homicide) shall be limited to 1/3 and the upper limit of the sentence shall be reduced to 2/3 and the upper limit shall be reduced to 2/3, respectively); and the basic area of the effort (the scope of the recommended sentence) to recover damage caused by the serious injury (a person under special mitigation) (a person under special mitigation) (a person under special mitigation).

3. Determination of sentence: The defendant's knife for committing the instant crime in March and June;