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(영문) 부산지방법원 2014.05.23 2014고합130
살인미수
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

A seized knife (No. 1) shall be confiscated.

Reasons

Punishment of the crime

The Defendant is a person who works as a "C" seafarer of a fishing vessel, return to Vietnam.

At around 23:00 on February 17, 2014, the Defendant tried to take a knife the victim E (38 years of age) who is a Vietnam seafarer living in the Seo-gu Busan Metropolitan City, for the reason that he would disregard himself by disregarding his snow while living together with the Defendant, and bring about a knife knife (16cc in the knife length) on the kitchen at the same time and bring about the knife of the victim by left hand, and to kill the victim with a knife knife knife that was broken against the victim’s loss, and continuously knife the knife.

However, the defendant did not commit an attempted crime because the victim resisted the victim's perfect resistance and prevented the victim from leaving the left breast side of the treatment days and left breast side of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Records of seizure and the list of seizure;

1. Investigation report (No. 5 No. 5 of the evidence list);

1. Application of Acts and subordinate statutes to knives and photographs of victims;

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

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

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

2. Determination of types of recommendations: Murder of crimes of murder, Category 2 (Ordinary homicide) - Special Aggravation of Punishment: Aggravation of Punishment - Aggravation of Punishment: Imprisonment for three years to 10 years from April 10: 10 years to 16 years, respectively, the lowest limit of 1/3 and 2/3).

3. Determination of sentence: The crime of this case committed in March 3 and June will disregard the victim's attitude toward the defendant.

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