살인미수
A defendant shall be punished by imprisonment for three years.
However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant and the victim D(n, 52 years old) are married couple.
At around 14:00 on April 15, 2018, the Defendant: (a) while staying at around 14:00, at the Defendant’s residence, was suspected of having a male relationship with the victim before marriage; and (b) went to the victim by hand on the knife knife, a deadly weapon (20cc in length, 32cc in length) with a deadly weapon in the kitchen cream, which was located in the kitchen, on the ground that the victim did not recognize a male relationship in the past; and (c) the victim got to the knife, with a sound called “ma”, followed by the opening of the table to the tables located in the ward, and knifeed with the above knife, the victim’s left-hand knife knife
Therefore, although the defendant tried to kill the victim, he did not commit an attempted crime, only did the victim committed an open upper part of the chests that require approximately eight weeks of treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Police seizure records (voluntary submission);
1. Investigative report (in case of transfer to the hospital of a victim and current state), investigation report (in case of attaching a medical certificate and a copy of the medical record to the victim), investigation report (in case of interview with the doctor of the body, etc. of the victim), and investigation report (in case of interview
1. Four copies of the identification knife photograph No. 1, three copies of the photograph at the time of transmission to the victim F Hospital, and on-site photograph of the place of crime;
1. Application of the existing Acts and subordinate statutes of the kitchen knife (20cm in length, 32cm in total length, No. 1)
1. Relevant Article of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the selection of criminal facts;
1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;
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. Protective observation and community service order under Article 62-2 of the Criminal Act, and Article 59 of the Act on the Protection, Observation, etc.;
1. Determination as to the assertion by the defendant and his/her defense counsel under Article 48 (1) 1 of the Criminal Act
1. The Defendant alleged that the amount of flat flusium was one-half week, and, at the time of the commission of the crime, the Defendant had the ability to distinguish one-way and three-way each week from one-way one-way one-way one.