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Reasons
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(영문) 인천지방법원 2014.09.24 2014고합525
살인미수
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A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

Around July 26, 2014, the Defendant, as the victim F(50 years of age) and G company’s workplace partner fee, had a dispute with the victim on the ground that the victim was drunk and said that the victim said that the victim said that he was “enciated,” and the victim said that he would be “enciated,” and that he would be able to leave the victim’s religion.

On August 3, 2014, the Defendant: (a) around 09:55 on August 3, 2014, the G Employee cafeteria located in Seo-gu Incheon, Seo-gu, Incheon, stated that “Is that I would see the victim’s horse, whether I would do so, intentionally, or contingent,” and (b) the victim’s horse dispute with the victim, which is located in the bank that is facing the Defendant’s abundance, is clicked up to 14 cm in length, the total length of 24 cm in length, etc.; and (c) the victim tried to hick the victim’s knife by putting the body of the victim’s knife while defending the victim.

As a result, the Defendant attempted to kill the victim. However, the Defendant got a knife from the I which entered the above restaurant, and got a wound of the injury of the trauma and the damage of the funeral beer so that the victim could not know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, J, and I;

1. Investigation report (to hear statements from a victim, etc.);

1. Records of seizure and the list of seizure;

1. A copy of the medical treatment certificate;

1. Application of Acts and subordinate statutes to photographs of the site, images of victims, and seized objects photographs;

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

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

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

1. Confiscation Article 48(1) of the Criminal Act

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