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(영문) 대구지방법원 서부지원 2017.07.06 2017고합70

살인미수

Text

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

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.

Reasons

Punishment of the crime

The Defendant showed symptoms of dementia from around 2012 due to the victim C (74 years of age) and the married family members, and the Defendant was under the Defendant’s prescription due to bullying, such as taking care of the sick after the final dementia diagnosis around June 2014, by the victim’s dementia, and taking care of the sick, and taking care of the sick, and taking care of the equipment inside the house due to the dementia, and taking care of the said equipment before the bullying and taking care of the bullying.

I tried to kill the victim after drinking the victim with immunity.

On February 10, 2017, at around 21:00, the Defendant tried to kill the part of the Defendant and the victim with the kitchen 33cm (total length, 21cm length, 21cm) located in the kitchen which was prescribed in the Defendant’s name at around 103 Dong Dong-gu, Daegu-gu, Daegu-gu, 103-708, and the victim’s house 8 eggs from water exemption under the Defendant’s name were changed to drinking, and the victim was locked, and the victim was locked at around 21:40 on the same day. However, the Defendant attempted to murder the part of the victim and the victim with a strong knife at one time, such as the damage of the knife caused by blood taking, and the knife of the knife and the knife of the knife on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A protocol of seizure and a list of seizure;

1. Application of the Act and subordinate statutes to the investigation report (Evidence List 26);

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 favorable sentencing grounds shall be considered):

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. The scope of the recommended punishment on the sentencing guidelines [the type of determination] / the scope of the punishment [the person who is subject to special sentencing] / the victim who is vulnerable to the crime (including a serious effort to recover damage) / the victim who is vulnerable to the crime, the serious injury - the number of injury.