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(영문) 전주지방법원 2015.11.12 2015고합143

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 three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 29, 2015, the Defendant: (a) around 21:00 on June 29, 2015, at E-cafeteria operated by the wife of the victim D (year 44) in Yansan-si C, and (b) caused a minor dispute in the course of drinking with the victim, etc.; and (c) led the victim to drinking together with the victim in front of the “F” container stay adjacent to the restaurant in its neighborhood.

At around 21:05 on the same day, the Defendant tried to kill the victim in a timely manner by assaulting the victim, such as drinking suitable for drinking from the victim, and entered the above E-cafeteria with a knife (an estimate of about 300 meters in length) and murdered the victim at each of the following parts of the above-mentioned knife with the victim's left clothes and the right knife.

However, the victim's day-to-day G, which had been located there, did not go through an attempted crime because the victim's day-to-day medical treatment by a person who needs approximately seven to eight weeks of treatment, and the victim's day-to-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement about G, H and D;

1. Application of Acts and subordinate statutes to report internal investigation (related to the attachment of the details of 112 declarations on this case), internal investigation report (related to the victim's spouse currency and the attachment of the victim's photograph), investigation report (related to the knife used for criminal investigation), investigation report (medical records in a hospital and forwarded documents)

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

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including favorable circumstances among the reasons for sentencing following the suspended sentence);

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 according to the sentencing guidelines [the determination of types] shall be limited to the scope of the recommended punishment [the scope of the recommended punishment], and the attempted murder shall be limited to the second type (the general motive murder) (the special person].