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(영문) 인천지방법원 2020.05.12 2019고합913
살인미수
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

The Defendant resided in the mother-friendly house of the Defendant in Gyeyang-gu, Incheon, with the victim D (ma, 57 years of age) who is a pro-friendly family.

At around 18:40 on December 1, 2019, the Defendant, while under the influence of alcohol, putting the victim under the influence of alcohol over the floor of the Defendant’s head debt by breaking the Defendant’s head debt and cutting the fluor E, which is sculing the Defendant’s head debt, and breaking the fluore E, which is sculing the Defendant’s head debt, into the top, and 14 cm in its hand (total length, 24 cm in knife length, 14 cm in knife) and became 4 times in total the victim’s left chest and left side of the Defendant.

Thus, although the defendant tried to kill the victim, he attempted to do so by causing damage to the heart and the funeral, which led the victim to attempted crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of E and D;

1. Records of seizure, the list of seized articles, and the blades and photographs of seized articles;

1. Application of Acts and subordinate statutes to investigation reports (the oral opinion of the doctor in charge of the F Hospital), records of operation, and medical certificates;

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

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

2. The scope of the recommended punishment according to the sentencing guidelines [the range of punishment] [the range of punishment [the category 2] ordinary motive homicides [including a serious effort to recover damage] [the scope of recommending area and recommendation] mitigation area], the scope of the recommended sentence for the crime of attempted murder from 2 years to 8 years shall be reduced to 1/3 and the upper limit shall be reduced to 2/3, respectively. However, the scope of the recommended sentence shall be reduced to 20 years, the term "at least 20 years" shall be reduced to 20 years, and the term "at least 20 years" shall be reduced to 20 years, and the term "at least 20 years" shall be applied] [the scope of the recommended sentence as modified by the applicable sentencing guidelines].

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