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(영문) 서울중앙지방법원 2016.09.23 2016고합775

살인미수

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

[criminal record] On April 26, 2013, the Defendant was sentenced to a two-year suspended sentence of imprisonment for special larceny at the Seoul Central District Court for 8 months, and on October 24, 2013, the same court was sentenced to a six-month imprisonment with prison labor for the same crime and the judgment became final and conclusive on December 5, 2013, the sentence of the suspended sentence becomes null and void, and on August 14, 2014 during the execution of the sentence, the parole period expired on September 30, 2014.

[Criminal facts] On July 22, 2016, around 02:30 on July 22, 2016, the Defendant was a large number of young people who drink together with the victim E (68 years old) in the second floor of D Public Notice Officials in Gwanak-gu, Seoul Special Metropolitan City.

While having been suffering from scam and having a dispute, “nick young people are living in the state of being able to see the words “nick and frighting” that they are frighting to the ordinary shoulder or that they are going after deducting their power from the damaged people.

“The victim attempted to murder the victim by taking a kitchen ( approximately 27.5cm in total length, approximately 16.5cm in length, and about 16.5cm in length) in the kitchen of the public notice room, on the ground that he was able to kill the victim by taking a shock, but the victim did not take another kitchen knife in the public notice room and take another kitchen knife in the middle of the public notice room, and attempted to do so. However, the victim did not take another kitchen knife in the middle of the public notice room.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to E and F;

1. A statement of opinion, a copy of medical record, and a statement of opinion;

1. Each gene appraisal report;

1. Police seizure records;

1. On-site reports, field photographs, victim's standing photographs, photographs, videos and videos;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to latest decisions by suspects and the current status of confinement in prison), text of judgment, personal confinement status, text of judgment and summary order attached to the statutes attached thereto;

1. Article 254 of the Criminal Act, Articles 250(1) and 250 of the Criminal Act, and the choice of imprisonment with prison labor for the crime.