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(영문) 의정부지방법원 2016.10.06 2016고합308

살인미수

Text

A defendant shall be punished by imprisonment for five years.

The number of seized blades, the total length of which is 32.5 cents, the length of which is 20.5 cents.

Reasons

Punishment of the crime

The defendant, as an employee in charge of frequency collection, has been dissatisfied with the fact that the victim C (V, 51 years old) who had been a patriotic relationship for more than six months, had been in contact with another male in the past.

At around 00:00 on June 30, 2016, the Defendant asked the victim’s cell phone from another male at night, E 601, which is the Defendant’s residence located in Gyeonggi-si, Gyeonggi-do, for the purpose of pursuing the relationship. However, the Defendant attempted to murder the victim by gathering from the victim the victim’s cell, “I know who is the male, she knows that I will she will do so,” in a timely manner, referring to “Min-si” (the blade length 20.5cm, No. 1) used at the time when I go through the normal meeting.

Since then, at around 01:55 on the same day, the Defendant attempted to kill the victim under the victim’s name with the upper snife knife knife, which was cited by the Defendant in the above E 601, on the same day. However, the Defendant attempted to kill the victim once, but was only damaged by the fnife knife, mouth, mouth, or so on during the treatment period.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A medical certificate;

1. Each report on investigation;

1. Seizure records;

1. The application of Acts and subordinate statutes to drillings;

1. Relevant Article of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the choice of punishment;

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

1. Scope of punishment: Imprisonment with prison labor for up to 5 years;

2. Application of the sentencing criteria (Scope of recommending punishment) : In the case of attempted murder (special mitigation) / serious bodily injury - attempted murder - attempted murder - serious bodily injury - being committed, for which the basic area (referring to four years and four months of imprisonment to ten years and ten months): and

3. Determination of sentence: The defendant has committed a contingent crime at the end of the dispute, and the defendant has committed the crime after committing the crime, since he/she has led to confession and reflect by the defendant for five years, and the defendant has committed the crime;