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(영문) 청주지방법원 2013.06.28 2013고합34
살인미수
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The defendant thought that C, one's husband, was divorced from her husband due to C (the 46-year-old-year-old-year-old-year-old-year-old-year-old-year-old-year

On January 26, 2013, at around 18:50, the Defendant laid the kitchen knife (20 cm a day, 12.5 cm a day) in the “F party room” operated by the victim in the Chungcheongbuk-gun E, and laid the kitchen knife onto the victim’s knife while drinking together with the remaining knife and knife the knife while drinking together with the knife, the Defendant did not go to the victim’s knife because the knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Application of the photographic Acts and subordinate statutes;

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

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

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

1. The scope of punishment: Imprisonment with prison labor for one year and three months - July and six months;

2. Scope of Recommendations: Determination of the range of punishment for homicide: Imprisonment with prison labor for 2 years and 6 months: homicide, general motive murder (type 2): planned murder (aggravated factor), minor bodily injury, and general person sentenced to punishment not to be punished: A determination of the recommended range of punishment for homicide in the area of mitigation: a lower limit of the recommended range of punishment for homicide in the area of mitigation: a reduction of the range of punishment for 1/3 and a reduction of the upper limit to 2/3; and

3. Main reasons for the suspension of execution: a negative element (a planned murder), a positive element, and a minor.

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