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(영문) 대구지방법원 2014.01.10 2013고합322
살인미수
Text

A defendant shall be punished by imprisonment for five years.

A knife (No. 1) shall be confiscated from the accused.

Reasons

Punishment of the crime

On July 3, 2013, around 10:40 on July 10, 2013, the Defendant: (a) was suspected that the victim E (at the time, 69 years of age) of the Daegu Dong-gu C’s residence was committing another male and implame; (b) was fluent with another male; (c) there was no satch, and (d) caused the victim by mixing rice with glutinous rice. However, the Defendant was satisfing to murder the victim on the ground that the victim got glutinous rice blutinous rice blutinous.

The Defendant, while taking the kitchen (30 cm in total length, 18 cm in knife) under the kitchen, intending to kill the victim by taking the part of the victim over the kitchen floor, intending to kill the victim several times by taking the part of the female in the kitchen. However, the Defendant attempted to kill the victim by stopping the crime by having the victim go through a large amount of the skin and stop his resistance.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each protocol of seizure and the list of seizure;

1. Investigation report (Attachment of a knife photograph for the main purpose under subparagraph 1, attachment of a knife photograph for the suspect's residence CCTV, relative statement hearing of the emergency room of the Daegu Tphe Hospital, hearing of the security guards of the D building, hearing of residents G, hearing of relative opinion on medical treatment of the residents of the Daegu KaTol University Hospital, preparation of a cross-face response report on the victim visiting the Daegu KaTol Hospital, preparation of a victim-to-face response report on the victim's visit in the Daegu KaTol Hospital, attachment of a

1. Application of Acts and subordinate statutes to report on the results of field identification;

1. Relevant Article of the Criminal Act and Articles 254 and 251 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 26 and 55 (1) 3 of the Criminal Act for attempted suspension and mitigation;

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

1. The scope of applicable sentences: Imprisonment for a period of two years and six months to fifteen years;

2. The scope of the recommended punishment according to the sentencing guidelines [the determination of type] homicide, ordinary motive (special sponsers): - Aggravation factors: serious injury [the scope of the recommended sentence] aggravation area (the scope of the recommended sentence] [the scope of the recommended sentence] 5 to 20 years, and attempted murder.

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