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(영문) 수원지방법원 2013.03.22 2013고합2

살인미수

Text

A defendant shall be punished by imprisonment for four years.

See, 1 knife (No. 1) and knife packing cases (No. 2).

Reasons

Punishment of the crime

The defendant is a citizen of the People's Republic of China's nationality, entry on June 29, 2001, and currently illegal stay in Korea.

On December 21, 2012, the Defendant: (a) on December 21, 2012, at the accommodation of workers in the D Company E (hereinafter “D Company E”) located in Young-gu Seoul Building 207, Young-gu, Young-si, the Defendant had a desire to leave work; (b) on the grounds that it would be the cause of the Defendant’s refusal to work, the Defendant brought a dispute with the victim E (hereinafter “the victim would be reported to the Defendant as a person who has been suffering from his or her personal stay; (c) the victim would be reported to him or her as a person who has been illegally staying in his or her personal stay”; and (d) the Defendant’s fluencing of the two persons.

Accordingly, the Defendant purchased a knife (34 cm in total, 21 cm in length, 5 cm in knife) from the Fmate in the vicinity of the above accommodation, and carried it back to the boarding room. After shouldering the victim who was enjoying for himself, the Defendant attempted to kill the victim by cutting off his knife the knife with a knife with a knife and a knife with a knife with a knife and a knife with a knife with a knife (10 cm in depth). However, the Defendant attempted to kill the victim, even though the knife in the surrounding area did not bring the knife with the wind to restrain it.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement of E, G, and H;

1. A report on actual condition prepared by a judicial police officer;

1. On-site guidance, field identification records, evidence identification records, victim's photograph;

1. Application of Acts and subordinate statutes to investigation reports (general), investigation reports (fields, etc.), investigation reports (in cases of purchasing places), investigation reports (in cases of criminal investigation), investigation reports (in cases of attaching a medical certificate), investigation reports (in cases of injury diagnosis of a victim, and attachment of medical records);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Confiscation Article 48(1) of the Criminal Act