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(영문) 서울동부지방법원 2016.02.04 2015고합268
살인미수등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 27, 2015, at around 07:50, the Defendant: (a) was in the house of a convict D in Gwangjin-gu Seoul Special Metropolitan City around September 27, 2015; (b) from around 2005, the Defendant was manufactured in advance by placing the upper day in the edge of a stick to scambling it; (c) a dangerous weapon (the blade length is 11 centimeters, stick is 90 centimeters, certificate No. 1; hereinafter “instant deadly weapon” in this case) manufactured in advance by placing it in his hand; and (d) the victim E (61 cm) who was a kicker, mather, and (e) whether it was impossible to mislead what he was inside.

”라고 말하면서 위 흉기로 피해자의 왼쪽 허리를 1회 찔러 피해자에게 약 11일 간의 치료가 필요한 좌 흉곽부 심부 열상을 가하고, 이어서 종손( 從孫) 인 피해자 F(27 세) 의 등 부위를 1회 찔러 피해자에게 약 11일 간의 치료가 필요한 요부 배 심부 열상을 가하고, 조카인 피해자 G(59 세) 의 오른쪽 팔꿈치를 1회 찔러 치료 일수 미상의 상해를 가하였다.

Accordingly, the defendant carried dangerous articles and inflicted an injury on three victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness G;

1. Statement by each prosecutor's office with respect to E and H;

1. Statement made by the police with regard to F;

1. A copy of each damaged part photograph, each opinion, each investigation report (Attachment to the victim E-mail confirmation document, etc.), investigation report (Attachment to the victim F Tong confirmation document, etc.), each duplicate confirmation, and each medical record certificate;

1. Photographs of the place where the crime is committed, report on investigation (related to the parts and clothes of the kniff in a deadly weapon), investigation report (CCTV analysis and investigation), and photograph of CCTV screen;

1. Application of Acts and subordinate statutes to each protocol of seizure, each list of seizure, and photographs of tools of crime;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with punishment prescribed for special injury to victims E with the largest penalty);

1. Article 62(1) of the Criminal Act (The following circumstances are considered in favor of the reasons for sentencing).

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