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(영문) 의정부지방법원 2015.08.27 2015고합128

살인미수

Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[The motive of the crime] The defendant and the person subject to a request to attach an attachment order (hereinafter referred to as the "defendant") reside in the long time of the D apartment at the time of the government in which the victim C (the South and the age of 61) resides, and on February 24, 2008, the victim was found to have been inflicted an injury by finding the victim as a aluminium stick with an Aluminium, and the victim was living on the above floor, and there was a serious conflict between the victim and the victim at least seven times only on April 2015.

On May 4, 2015, the defendant thought that he caused noise to some part of the victim, and thought that he was able to kill the victim.

【Criminal Facts】

On May 4, 2015, the Defendant, at around 20:00, visited the victim’s house with lives (Evidence No. 1) and improvement (Evidence No. 2) at the Defendant’s house, visited the victim’s house, and the victim opened the lives house and immediately left the head of the victim’s house with the lives.

As above, the Defendant attempted to murder the victim, but the victim did not know of the number of days of treatment due to the wind of the resistance and did not commit an attempted crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Investigation report (the details reported by the suspect and the victim to the 112 Police with "inter-story noise") and investigation report (the submission of the victim C injury diagnosis report);

1. Photographs, seized materials, and photographs of the scene of victims and suspects;

1. Application of each existing Act and subordinate statute of limitation, one (No. 1), one improvement (No. 2), and one improvement (No. 2);

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

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Confiscation Article 48(1) of the Criminal Act