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(영문) 수원지방법원 2016.12.09 2016고합601
살인미수
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

around 03:30 on August 19, 2016, the Defendant inflicted injury on the Defendant’s house at Osan-si C Apartment 105 203 Dong 203, and the Victim D (57 years of age) due to the Defendant’s marriage awareness that he did not pay a axis when he was married to the Defendant’s children, and caused a horse-friendly dispute with each other, which is an object dangerous to the Defendant’s bank, due to the rapid shock of the chemical, and the Defendant’s knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. Each statement prepared by D or E;

1. A report on the occurrence of an accident (special injury), a report on internal investigation, a report on internal investigation (or a verbal opinion of the H of a physician in the emergency room of the G hospital), a report on investigation (based on telephone investigation), a report on investigation (based on appraisal), a report on investigation (based on the results of D's injury), and a

1. Seized articles, photographs, death diagnosis reports, and on-site photographs;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. The sentencing criteria are not set for a crime committed on the grounds of sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of applicable sentences by law: Imprisonment for one year to ten years; and

2. Determination of sentence: A two-year suspended sentence of imprisonment, and four-year suspended sentence, the Defendant inflicted a victim on a knife, which is a dangerous thing.

The fact that the knife, which is a highly dangerous dangerous weapon, is very serious to the nature of the crime, such as knife the victim, and the fact that the victim has been knife with another knife and threaten the victim again is disadvantageous to the defendant.

However, the fact that the defendant recognized the crime of this case and reflected against the defendant, compensation for damages to the victim, and agreed to do so. The same before the case.

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