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(영문) 의정부지방법원 고양지원 2014.09.26 2014고합176
살인미수
Text

A defendant shall be punished by imprisonment for three years.

A one kitchen (No. 1) which has been seized shall be forfeited from the accused.

Reasons

Punishment of the crime

On July 11, 2014, the defendant thought that the defendant was unable to properly be treated as the defendant's living room at P, C, 411 Dong 602 (C apartment), and that he was in dispute with the victim for the reason that the victim was not unsatisfinging in the state where he was in harmony, etc., at P, in the location of the defendant's living room at P, C, 411 Dong 602 (C apartment) on July 11, 2014, the defendant took a house "I am unsatfing" means "I am unsatfing," and immediately after the victim took a house to kill the victim by sating the victim at home, the victim was satfing the kitchen (total length, 30ccm, 19cm) located in the kitchen at the same time, and the part of the victim's being satched with the victim's clothes "at the victim's chest," "at the victim's chest."

As a result, the Defendant attempted to kill the victim, but he was aware of the victim's vision and returned to E, and the victim was unable to bring about about about about 42 days of the victim's escape from the wind and did not commit an attempted crime without giving about about 42 days of the victim's surgery, the left-hand shock door open door, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Statement to E by the police;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes (55 pages of investigation records);

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

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act for statutory mitigation;

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

1. The scope of applicable sentences: Imprisonment for a period of two years and six months to fifteen years;

2. The scope of recommendations according to the sentencing guidelines (determination of types of punishment) and the scope of types 2 (special motive homicide): Reduction factors: In the case of attempted injury resulting from serious injury: In the case of attempted crimes (determination of the recommended area), the basic area (determination of the recommended area) [the scope of recommendation] shall be sentenced to imprisonment from April to August 3, 10.

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