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(영문) 부산지방법원 2015.01.09 2014고합616

살인미수

Text

A defendant shall be punished by imprisonment for ten years.

Reasons

. Deciding;

Accordingly, the defendant, following the victim D, has reached knife part of the back of the victim D on one occasion, but the victim D was unable to do so with the wind that the victim D suffered only the injury of the scambling due to the climatic damage that requires treatment for about 32 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. A report on the results of field identification;

1. A written appraisal;

1. Application of Acts and subordinate statutes to opinions of doctors;

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of applicable sentences by law: Imprisonment for not less than five years nor more than 45 years; and

2. Application of the sentencing criteria;

(a) The basic area of crimes No. 1 (Determination of Punishment) and homicide No. 2 (Special Murder) [Special Murder] mitigation element (Bodily Infliction of Punishment): The basic area: Imprisonment with prison labor for up to April 3 years to up to August 10, 10, the lower limit of the sentencing range for the crime of murder shall be 1/3 and the upper limit shall be 2/3, respectively;

(b) Class 2 (Determination of Punishment) homicide and Category 2 (Special Murder) (Murder of homicide): Reduction element (Prohibition of Punishment): Imprisonment with prison labor for 2 years to 4 years to 8 years * Attempts; a minimum of the sentence for recommendation of murder should be mitigated to 1/3 and the upper limit to 2/3, respectively.

(c) Scope of recommendations as modified according to the standards for handling multiple crimes - Imprisonment with prison labor from April to August 14 (= August 8, 100 x 1/2)

3. Determination of sentence: Ten years of imprisonment; and

4. There are circumstances that may be considered in light of the circumstances, such as the fact that the defendant has led to each of the crimes in this case, the fact that the defendant suffers from a disease such as liver cell, cancer, etc., and that the victims agree with the victims.

However, each of the crimes of this case committed with the victim C while the defendant was in a dispute with the victim C, which is his wife, with his mind to kill the victim C and take over excessive amount of money, thereby making the victim C several times.