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(영문) 대구지방법원 김천지원 2013.11.29 2013고합77
살인미수
Text

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

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

Reasons

On October 23, 2012, the Defendant had been sentenced to a suspended sentence of three years in the year and June of imprisonment for a violation of the Punishment of Violences, etc. Act (a collective injury, deadly weapons, etc.) in the Daegu District Court resident support on October 23, 2012, and the judgment became final and conclusive on June 8, 2013 and is still under suspended sentence.

Punishment of the crime

On December 3, 2012, the Defendant started living together with the victim C (man, 23 years of age) on December 2012, and was living together with the victim’s house located in the Gu and Si building B No. 106 of the Gu and Si building B, and was living together with the victim’s house for about 6 months, the Defendant used violence against the ordinary victim, and eventually, was forced to kill the victim at around 06:00 on May 31, 2013.

Therefore, at around 07:50 on the same day, the Defendant took a knife, which is a deadly weapon (32 cm in total length, 20 cm in length) in the kitchen of the said victim, and Dan Dan Dan Dan Dan Dun Don Don L, Han Don, under the left chest of the female, spreaded the body of the victim, which was used as a shower.

In addition, the Defendant tried to kill the victim by threateninging the victim out of the toilet by getting the victim out of the toilet, making the victim take part of the victim's head several times, taking the victim's face in drinking, walking the part of the victim's body on the bend floor and threatening the victim's body "the date of scrush". However, the Defendant attempted to kill the victim, such as threatening the victim to scrupt the victim's body, but the victim scrupted in the extreme brush's mind that scrush caused the victim's death by taking advantage of the scrush of the defendant's care, leaving the victim out of the window of the second floor of the inside by taking advantage of the scrush of the defendant's mind that scrupted the victim's mind that the victim was scrupted, and attempted to commit it.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the witness C’s legal statement;

1. The second police statement concerning C;

1. The police seizure record and the list of seizure;

1. A medical certificate;

1. The fact-finding.

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