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(영문) 창원지방법원 마산지원 2017.07.21 2017고합24
살인미수
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On April 9, 2017, around 09:20 on April 9, 2017, the Defendant drinking alcohol together with the Victim E (55) , D, and F.

The Defendant had a good appraisal against the ordinary victim. However, while drunkly disputing disputes, he tried to kill the victim by scambling the victim from the victim.

Accordingly, the defendant has a knife (28 cm in total length, 15.5 cm in length) with a knife in his house and has reached a knife on the left side of the victim once.

As above, although the Defendant attempted to murder the victim, the victim was only injured by the damage, etc. to the head of a string that does not have any open room within the lectures requiring approximately eight weeks of treatment, and the victim was attempted to receive treatment after being dispatched to the hospital by the first-aid unit who was dispatched after receiving a report of 119.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Report on the results of field identification, and records of field identification photographs;

1. A survey report on actual conditions;

1. Investigation report (verification of the victim's condition), investigation report (related to confirmation of the progress of the victim's surgery);

1. A medical certificate;

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

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment [the type] and the scope of the punishment [the scope of the recommended punishment] No type 2 [the person subject to special motives] [the scope of the punishment] [the scope of the recommended punishment] shall be reduced from April to August 10 (the basic area and the scope of the recommended punishment for attempted murder shall be the minimum of 10 years to 1/3, the minimum of 16 years from 10 years to 2/3, respectively].

3. The crime of this case, which was determined to be sentenced, is a person whose blade, which is a deadly weapon, is damaged by the defendant, on the ground that the defendant has been faced with her bucks from the victim in the tactical place.

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