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(영문) 수원지방법원 평택지원 2017.09.08 2017고합110

살인미수

Text

A defendant shall be punished by imprisonment for five years.

A knife (No. 1) seized by the defendant shall be confiscated.

Reasons

Punishment of the crime

On July 15, 2017, at around 20:15, the Defendant, at the shower room of the third floor of “D” dormitory located in Pyeongtaek-si C, expressed that the victim E (E, 37 years of age) (E, and 37 years of age) who is a work partner in the same room of the said dormitory, intended to kill the victim, who was involved in noise issues at the time of residing in the same room of the said dormitory with the victim in the past, and had a mind to kill the victim, with the kitchen knife in the Defendant’s room (the total length of 32 cm, the knife length of 20 cm).

It refers to a long-standing kitchen with the victim's chest and part of the kitchen, three times the victim's chest and part of the kitchen, and the victim tried to kill the victim by taking four times the victim's chest and part of the victim's chest in the above kitchen knife with the victim's corridor with the victim's one floor of the dormitory, and the victim's knife and part of the victim's chest with the above kitchen knife. However, after receiving a report on the knife's fee, the victim was sent to the hospital by the victim and sent to the hospital and received treatment by the victim by the 119 first-aid crew, the victim attempted to do so by taking part in the wind that the victim was sent to the hospital and sent to the hospital and received treatment by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Details of an investigation report (the details of interview with victims);

1. A medical certificate;

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

1. Application of the Acts and subordinate statutes to CCTV image data for crimes;

1. Relevant Article of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the selection of criminal facts;

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

1. The scope of punishment by law: Imprisonment with prison labor for not less than five years nor more than thirty years;

2. Scope of the recommended range of punishment according to the sentencing guidelines [the type of determination] homicide, type 2 (general motive homicide) - The mitigated element: the source of punishment (including serious efforts to recover damage) - The aggravated element: serious injury [the scope of the recommended sphere and the recommended range], three years and four years to ten years and eight months (non-standing, so the lowest sentence may be imposed 1/3 and the maximum amount of punishment).