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Reasons
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(영문) 인천지방법원 2015.01.22 2014고합819
살인미수
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

One (No. 1) seized net value shall be confiscated.

Reasons

Punishment of the crime

The defendant is a person who is in a legal marital relationship with the victim C(A, 57 years of age).

The Defendant, together with the victim, had a debt equivalent to approximately KRW 70,000,00,000, such as loans for the purchase of loan and its interest, living expenses, and the obligations of the Mappppps passbook, etc. In recent years, there was no income due to an Atoptop infection. Accordingly, the Defendant reported the appearance of the victim attending a restaurant, and led the victim to the death of the victim and the suicide of himself.

On October 29, 2014, at the defendant's house located above 23:50 on 23:50 on 2014, the defendant intending to remove the victim's head from the defendant's house located above Bara, with 33 cm in Bera (the length 33 cm) and with his head who was divingd in bera, one time as the nasium, and the victim tried to get the victim's head from the lasium in order to cut the lasium from the lasium. The defendant tried to kill the victim from the victim's head on 6 occasions due to the lasium continuously used the victim's head on lasium, but the victim did not die from injuries such as two pels, etc., and the victim did not recover the victim's lasium and failed to take the lasium out of the lasium.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. Seizure records;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to photographs of criminal tools, field photographs, and victim photographs;

1. Articles 254 and 250 (1) of the Criminal Act applicable to the crimes;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

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

1. The scope of punishment by law: Imprisonment for one year;

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