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(영문) 창원지방법원 2016.06.14 2016고합64

살인미수

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The Defendant was living together with D from July 2015 to January 2016 and came to be hedging.

After that, the defendant made contact with D to meet again with D, but D became aware that D is living together with the victim E (40 years) without considering any further contact with the defendant.

As a result, the Defendant was called from F, which is around 02:10 on March 21, 2016, when he had a good appraisal against the victim, that D had a verbal dispute with the victim. On March 21, 2016, the Defendant went to the studio of the Gu G-gu, Changwon-gu, where D had a joint living with the victim around 02:35 on March 21, 2016.

The defendant found the victim who has been in dispute with F in the above G Studio "H restaurant" parking lot, found the victim's face part once a week by drinking, and continuously prepared the victim's left chest part of the victim's chest in advance, and put the victim's body part in need of two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness D and E;

1. Seizure records;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. Scope of applicable sentences under law: One year to ten years; and

2. The sentencing guidelines (the following sentencing guidelines are based on the premise of the application of Article 3(1) and Article 2(1)3 of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016); thus, the sentencing guidelines applicable to the instant case are not set for special bodily injury under the Criminal Act; thus, the sentencing guidelines applicable to the instant case does not refer to the determination of the sentencing guidelines in determining the sentencing of the instant case) / [the types of violent crimes, special injury to repeated bodily injury, and special injury to repeated criminal (special injury to repeated bodily injury)] [the person subject to special mitigation] [the scope and scope of the punishment [the person subject to special mitigation].