(영문) 광주지방법원 2020.03.25 2019고합562

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2020.03.25 2019고합562

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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

In addition, the person who requested probation order (hereinafter referred to as the "defendant") and the victim B (the age of 45) together are those engaged in daily work through D located in the Gangnam-gun C of Gangnam-gu.

On November 30, 2019, the Defendant: (a) knew of the fact that E and the victim, who are the wife of the Defendant, were in an internal relationship with the victim; (b) knew of the fact that he had an internal relationship with the victim, and tried to kill the victim; (c) in the dwelling space of the Defendant located in Gangnam-gun, Gangnam-gun, Jinnam-gun on December 1, 2019, the Defendant took out the excessive amount (the total length of 2.5 cm, 12.5 cm in length) carried with the victim while drinking with the victim, while drinking with the victim, while taking a dispute with the victim, and continued to talk with the victim; (d) called “I am in an internal relationship with the victim; and (e) tried to kill the victim, I am in an internal relationship; and (e) tried to put the victim with the victim, and (e) tried to put the victim’s part of the victim’s body to be known to the extent that it was necessary for treatment of the victim.

Accordingly, the defendant tried to kill the victim, but did not commit it but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of a medical certificate for injury), an investigation report (related to a statement by the injured party);

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

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to fifteen years;

2. The scope of recommended sentences according to the sentencing guidelines [the determination of types] homicide [the category 2] ordinary motive, murder [the special person] mitigation element: Damage resulting from the failure to punish.

참조조문

유사 판례

-의정부지방법원 2019.01.16 2018고단4764

-대전지방법원 홍성지원 2017.03.30 2016고합81

-서울북부지방법원 2015.12.18 2015고합314

-서울남부지방법원 2018.11.22 2018고합408

-춘천지방법원영월지원 2020.11.17 2020고단279