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(영문) 춘천지방법원 영월지원 2019.09.05 2019고합26
살인미수
Text

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

Seized knife (No. 1) shall be confiscated from the accused.

Reasons

Punishment of the crime

The defendant and the victim B (B, South Korea, and 37 years old) are all foreigners of Russia who use a lodging.

On July 8, 2019, when the defendant was under the influence of alcohol on July 23:5, 2019, the defendant shouldered the victim who was divingd at the Gangwon-gun C and the first floor, so how the victim think of the victim. The victim "I wish to die before 2 million won or less," the victim "I do not have any relation, I do not use it," and threatened the victim's neck that he would not do so at the end of the defendant. The victim left the knife after the defendant's face, the victim went away from the knife of the second floor of the above knife, and tried to kill the victim, and the victim knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement concerning B and D;

1. Records of seizure and the list of seizure;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. As to the assertion of the defendant and defense counsel under Article 48(1)1 of the Criminal Act, the defendant and defense counsel asserted that the defendant had no intention to kill the victim at the time of the crime of this case.

The purpose of murder is to commit the murder.

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