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(영문) 제주지방법원 2015.07.23 2015고합32
살인미수등
Text

A defendant shall be punished by imprisonment for three years.

One (Evidence No. 1) and one color Shirts (Evidence No. 2) shall be confiscated, respectively.

Reasons

Punishment of the crime

1. On March 11, 2015, around 05:15, the Defendant: (a) discovered the victim D (years 62) at the front of Jeju Island; (b) attempted to kill the victim without any other reason; and (c) attempted to kill the victim by taking the head part of the victim’s head back one time by following the victim (43 cm in total length); and (d) attempted to kill the victim by taking the head part of the victim’s head back continuously over 43 cm; (b) however, the Defendant attempted to kill the victim by taking the part of the victim’s head into custody; (c) on the wind that the victim escaped by taking away the fright while setting up against the victim, the Defendant did not bring the victim a second sect, and did not bring the victim to murder.

2. The Defendant violated the Punishment of Violence, etc. Act (a collective action, deadly weapons, etc., damage, etc.) priceed the head part of the above D, which is a dangerous object, at the time and place specified in paragraph (1) at the time and place, and thereby damaging the Franchis owned by the victim E, which was parked there, so that the said car can be KRW 8,20,000 for repair cost, by implaging the front part of the car parked therein.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. A written statement prepared by E;

1. Each investigation report and accompanying materials;

1. Seizure records;

1. The photo of a deadly weapon;

1. A written request for appraisal, and a fact-finding inquiry report;

1. Application of the Babbbbling video CDs and video improvementD legislation

1. Article 254 of the Criminal Act and Articles 250 (1) of the Criminal Act (the points of attempted murder and the choice of limited imprisonment) concerning the crime, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Articles 366 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall apply mutatis mutandis to concurrent crimes;

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. Determination on the assertion by the defendant and his/her defense counsel under Article 48(1)1 of the Criminal Act

1. The defendant is in a heart loss or mental state, and the defendant is under the influence of alcohol at the time of committing each of the crimes in this case.

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