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(영문) 서울동부지방법원 2015.02.09 2014고합419

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

As the wife of the victim C(55 years of age), the Defendant failed to operate the mixed restaurant and scambling the dialogue with the victim, and scamscam from the mixed house. On the other hand, the Defendant continued to listen to the victim’s desire to “scam and the same dog year,” along with the victim’s speech that scamscams from the victim.

When the defendant lacks the ability to discern things or make decisions due to alcohol dependence or alcohol, on December 22 and 40, 2014, when he/she went through mixed alcohol from the defendant's house located in Gwangjin-gu Seoul Special Metropolitan City D 2 to his/her own room and calls for his/her children, he/she gets out of his/her room to read "I am hye immediately hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Investigation report (related to the statement of the victim and the standing part), diagnosis report, and the site photograph of the case;

1. Application of the existing Acts and subordinate statutes of one excessive (No. 1) confiscated;

1. Article 254 of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the applicable criminal facts, the choice of limited imprisonment;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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

1. The sentencing criteria;