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(영문) 창원지방법원 거창지원 2018.04.19 2018고합6
살인미수
Text

The punishment of the accused shall be determined by two years and six months of imprisonment.

However, the above sentence shall be executed for a period of four years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 4, 2018, at around 00:30 on around 00, 2018, the Defendant considered the Defendant’s wife D (the age of 58) at the residence of the Defendant and the Defendant’s wife D (the age of 58), and appears to have an abnormal object on the side of the window under the influence of alcohol, with the view of hearing to murder the Defendant, who had the mind that “the victimized person is intending to kill the Defendant,” who had the ability to discern things due to mental disorder induced by alcohol and lacks the ability to make a decision on “the injured person,” and who had the ability to discern things due to physical disorder caused by alcohol, with the desire to kill the victim. In addition, the Defendant saw the victim, who was under the custody of the new outbreak (the total length of 33 cm, 13.5 mm in length of the net head, 13.5 mm in the width of the body).

The victim's left side part of the victim's head shall be called a large interest, and the victim's victim shall die at the victim's left side of the victim's head once again, and the victim of play shall die.

The date of death shall be the date of death.

The phrase "the victim was tried to kill the victim by continuing to be dead, but the victim was unable to put the victim a humbrue with a humb, prevented the defendant, thereby achieving about two weeks of medical treatment, and caused the victim's injury, such as the humbal, requiring two weeks of medical treatment.

Accordingly, the defendant attempted to kill the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement in each police statement made to D or E;

1. Entry in records of seizure of a person on February 4, 2018;

1. Application of Acts and subordinate statutes stated in a written diagnosis;

1. Relevant Article of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the selection of criminal facts;

1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act ( mental and physical weakness) of the Criminal Act mitigated by law;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The defendant and his/her defense counsel in determining the assertion of the defendant and his/her defense counsel under Article 62-2 of the Criminal Act for the observation of protection and observation.

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