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(영문) 부산지방법원 2015.09.11 2015고합254
살인미수
Text

A defendant shall be punished by imprisonment for three years.

except that the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, on February 2009, entered the Republic of Korea as an employment visa and is in an illegal stay on or around February 2013, 2013, and the victim C (C and 3 years of age) is a person who entered the Republic of Korea on or around December 10, 2013 with the nationality of KIKOstan.

From 05:30 on March 15, 2015 to 06:0 on the same day, the Defendant expressed the victim’s desire to take part in the D'E club located in Busan East-gu, Busan-do, on the ground that the victim first sees the Defendant, etc. with his/her hand, scambling, and scambling the Defendant. The Defendant, along with the victim, moved his/her body near the club to the D'E to the D', took the victim’s desire to take part in the manner that the victim scamd, scambling, and scambling the victim’s face again, and took part in the case of a dispute, he/she continued to take part in the victim’s left part of the knife knife knife (13 cm a day-day knife knife knife knife knife knif, and continued to take part in the victim’s left part.

Although the Defendant attempted to kill the victim as above, the Defendant did not commit an attempted crime with the wind that the victim gets knife, knife and write a knife with knife, knife and fled, and escaped.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Each legal statement of the witness C (C; hereinafter referred to as “C”) and F (F; hereinafter referred to as “F”);

1. Statement of each police statement related to C and F;

1. Application of Acts and subordinate statutes to each injury diagnosis statement, surgery record, each photograph (Evidence List Nos. 8, 26, 28, and 33) and investigation report (Evidence List No. 36);

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

1. Article 25 of the Criminal Act for mitigation of attempted crimes

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