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(영문) 부산지방법원 동부지원 2017.06.13 2017고합47
살인미수등
Text

A defendant shall be punished by imprisonment for five years.

One knife (No. 1) and one knife (No. 2) shall be confiscated, respectively.

Reasons

(b)an investigation report by the prosecution and a report on evaluation of criminal injury;

1. A medical certificate;

1. The victim's photograph, the scene photograph of the crime, and the photograph of the criminal tool "2017 Gohap 61;

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to photographs of crime scene and CCTV photographs;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 254, 250 (1) (the fact of attempted murder and the choice of imprisonment with prison labor) of the Criminal Act, and Article 366 of the Criminal Act (the point of destroying property and the choice of imprisonment with prison labor);

2. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is added up for the attempted murder with heavier punishment).

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

1. Scope of applicable sentences under law: Five years to thirty years; or

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Basic crime: The lower limit of the sentence range for recommending murder is 1/3, and the upper limit is 2/3, respectively, as the basic area of the attempted murder (determination of type) No. 2 (determination of the territory of recommendation), [decision of the territory of recommendation] [the scope of punishment recommended] [the scope of punishment recommended] imprisonment from April 3 to August 10]. The attempted murder is a crime of attempted murder* 1/3 to August 10.

(b) Concurrent Crimes: Group 1 (Determination of the area of recommendation] (Determination of the area of recommendation), the basic area of the crime of destroying property (determination of the type) (decision of the type of damage, etc.) (decision of the area of recommendation), from April to October; and

(c) Scope of recommended punishment based on the standards for handling multiple crimes: Imprisonment with prison labor for three years and April to 11 years (=ten years and August, which is the maximum of the scope of sentence for basic crimes), 1/2 of the upper limit of the scope of sentence for concurrent crimes in August, 10);

3. Determination of sentence: A five-year imprisonment with prison labor recognized as a substitute for the instant crime, and there are extenuating circumstances, such as that the Defendant reflects his/her mistake, and that the Defendant’s health is not good due to light weather, unstable pathy, and unknown water surface disorder, etc.

However, the crime of this case found the victim at the main point of the "D" in order for the defendant to reach an agreement on the crime of damage to the property of this case, but the victim was out of the defendant twice.

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