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(영문) 수원지방법원 성남지원 2015.03.27 2015고단140

살인예비등

Text

A defendant shall be punished by imprisonment for one year.

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

In the case where the victim D(the age of 58) was accused of a sex offense, the defendant is accused of a false accusation against the victim who has misunderstanding that the defendant made a statement unfavorable to the victim.

As a statement that he would be deprived of the basic recipient's qualification, it was the victim's body.

On January 19, 2015, at around 20:45, the Defendant found the victim's home in Sungnam-si, Sungnam-si, E 102 Dong 904, and made a speech, such as "to kill," with the entrance door," thereby opening the entrance door, intended to kill the victim. At the Defendant's home of the same 301, the Defendant used a kitchen knife, which is a dangerous weapon, (20cm in the knife length) at the Defendant's house, to board the elevator, and arrived at the corridor of the 9th floor where the victim resides, but the police officer dispatched after receiving the victim's report on the said intimidation did not reach the commencement of implementation and did not come to the commencement of implementation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding D;

1. Police seizure records;

1. Application of Acts and subordinate statutes of the investigative report (No. 11 of the evidence list);

1. Articles 255 and 250 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act (including the fact that the injured party wishes to take the main sentence of the accused, etc.);

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;