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(영문) 수원지방법원 2014.04.22 2014고합10

살인미수

Text

A defendant shall be punished by imprisonment for three years.

One kitchen (No. 1) which has been seized shall be confiscated from the accused.

Reasons

Criminal facts

On March 2004, the Defendant had been dissatisfied with the victim F(n, 33 years of age) and the married couple(s) who had been married with the victim, and had been dissatisfied with the victim's late returning home at night after the work meeting, and was able to doubt the victim's external appearance.

At around 01:05 on December 28, 2013, the Defendant: (a) expressed that the victim does not return home without receiving a mobile phone within 107 Dong-dong 1101 on the ground that the victim does not return home at the latest on the ground that he/she does come home within the workplace food at work; (b) expressed that he/she would not go home to H; and (c) told the victim to murder.

The defendant tried to kill the victim's chest with a kitchen knife (the total length of 33 cm, 20 cm in knife length, 20 cm No. 1) which was in the kitchen, and to kill the victim's breast at one time with a kitchen knife with a kitchen knife (the knife knife knife knife knife knife, knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife kn

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness F;

1. Statement of the police officer to I;

1. Police seizure records;

1. Investigation report (the child of a victim, the current state of the victim, etc.);

1. A copy of a medical certificate or medical record;

1. Application of statutes on site and victim photographs;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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. Application of the sentencing criteria [Determination of type] homicide ordinary motive, murder (special sponsers): dolusent murder, and aggravated factors of punishment (including serious efforts for recovery of damage): Determination of the recommended range and recommendation range in the event of serious injury - attempted injury.