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(영문) 의정부지방법원 고양지원 2015.10.16 2015고합121

살인미수등

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

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

【Fact of Paragraph 1 at the Time of Sales】

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A criminal investigation report by the prosecution (affixing a report, such as confirmation of video CDs at the scene of the crime, a medical certificate for submission of victims, and a medical certificate);

1. Records of seizure and the list of seizure;

1. The suspect’s photograph, on-site photograph and victim’s clothes photograph, etc. at the time when the suspect committed the crime, such as photographic, vehicle photograph, internal photograph, etc., and video CDs at the scene of the crime;

1. A written accusation and a copy of the check (the fact of paragraph (2) at the time of printing);

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a copy of the report on the situation of running a drinking alcohol driver, the report on detection of a drinking driver, the notice of completion of correction, and the register of using a

1. Relevant legal provisions concerning facts constituting an offense and the point of attempted murder: Articles 254 and 250 (1) of the Criminal Act that refuses to take a measurement of drinking alcohol: Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act;

1. Voluntary mitigation of crimes under Articles 25 (2) and 55 (1) 3 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the sum of the long-term punishments of both concurrent crimes and attempted murder, of which punishment is heavier, is added) among concurrent crimes;

1. Article 62 (1) of the Criminal Act;

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

1. Scope of recommended types based on the sentencing criteria;

(a) Crimes of homicide [Determination of Punishment] homicide homicide 2 (Special homicide): Reduction element of Punishment (Determination of Recommendation Area] Reduction element / [Scope of Recommendation Area] Imprisonment / From April 2 year to 8 years (in the case of attempted murder, the lower limit of the sentence range shall be 1/3, and the upper limit shall be reduced to 2/3, respectively)

(b) The sentencing criteria are not set for the crimes of violating the Road Traffic Act;

C. The scope of sentence due to the aggravation of multiple offenses: Offenses for which the sentencing criteria have been set for not less than two years and not less than four months, and crimes for which the sentencing criteria have not been set.