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(영문) 서울남부지방법원 2016.11.10 2016고합413

살인미수

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

On August 13, 2016, around 13:20 on August 13, 2016, the Defendant obtained a side of drinking from the victim on the ground that the Defendant and the Sari-gu Seoul Geumcheon-gu, Geumcheon-gu, 202 told the victim to move out of D and the victim E (the age of 49) while talking with the Defendant.

The defendant thought that the victim was D and sacrifies, the other victim thought that he had been aware that he had been killed to murder the victim.

On August 15, 2016, at around 13:40 on August 15, 2016, the Defendant prepared in advance the part of the victim’s chest, which was seated and reported on television, in Geumcheon-gu Seoul Metropolitan Government F, with a knife (30cm in total length, 18cm in length in knife). However, the Defendant got knife the part of the victim’s right side with a knife onto the arms to defend it.

The defendant tried to kill the victim at the right right right side of the victim one time with a defective knife that the victim intends to take place, but the defendant tried to have the victim snife for about 15 days at the wind of the victim's resistance.

Accordingly, the defendant tried to kill the victim, but did not commit it but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes of a photograph of damage and a written diagnosis of injury;

1. Relevant Articles 254 and 250 (1) of the Criminal Act concerning the facts constituting an offense and Articles 254 and 250 (1) of the Criminal Act;

1. Reasons for sentencing under Articles 25 (2) and 55 (1) 3 of the Criminal Act to be mitigated legally;

1. Scope of punishment by law: Imprisonment with prison labor for not less than two years and not more than six months but not more than 15 years;

2. Application of the sentencing criteria [Determination of Sentencing] Reduction of Type 2 (Ordinary homicide): Aggravation of homicide (Determination of the recommended territory] (Determination of the recommended territory] aggravation of the aggravated area of the crime of planned murder (determination of the recommended territory), for more than five years, limited imprisonment for more than 20 years, or imprisonment for life or for more than 20 years (ordinary motive) aggravation of the aggravated area of the crimes of murder.