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(영문) 수원지방법원 평택지원 2013.09.11 2013고합81
살인미수
Text

A defendant shall be punished by imprisonment for four years.

A knive knife (No. 1) seized shall be confiscated.

Reasons

Punishment of the crime

On June 16, 2013, at around 03:50 on June 16, 2013, the Defendant was a brupt with the victim E (year 41) under the influence of alcohol while being divingd at the events at the city bus stops located in Pyeongtaek-si.

Along with the victim's face at one time, he/she is able to kill the victim, and the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife, the left side knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife k

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F and G;

1. A H statement;

1. Records of seizure and the list of seizure;

1. Investigation report - Department of the injured party's superior position, and medical records of the injured party;

1. Application of on-site photographs, and statutes governing damaged photographs of victims;

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

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

1. Determination on the assertion by the defendant and his/her defense counsel under Article 48(1)1 of the Criminal Act

1. The defendant asserts to the effect that the victim's face was only one time and the knife knife knife knife knife and no knife knife had no intention to murder.

2. According to each evidence of the judgment, it is reasonable to view that the defendant was guilty of murdering on the part of the defendant in light of the damaged part and the recovery of the dead body, and it is reasonable to view that the defendant was guilty of murdering on the part of the defendant in addition to the victim's face.

Reasons for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. Application of the sentencing criteria (determination of type), murder crime group, type 2.

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