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(영문) 창원지방법원 진주지원 2013.06.28 2013고합58
살인미수
Text

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

The defendant's vehicle driven by the defendant's friendship with the former female-friendly body of the defendant, and the former female-friendly body of the defendant has been faced with severe criminal liability due to traffic accidents that occur frequently, and the former female-friendly body of the defendant has a physical and mental disability.

The Defendant, around 18:00 on April 11, 2013, was dissatisfied with the victim E (the age of 23) and the Defendant’s complaint that the Defendant had been aware of the above circumstances and continued to take out the Defendant’s former female-friendly talk.

On April 11, 2013, while the defendant and the victim got together with the defendant's house located in Sacheon City F on April 21, 2013, the defendant and the victim got together, the victim has taken the above talks in a prudenting so that the victim can kill the victim by taking out the above talks, and has knife a knife, which is a dangerous weapon (as a whole length of 19cc and a 11ccife in a knife length), and knife a knife (as a whole length of 19cc and a knife in a knife) with the victim's back at the speed of the victim's back, and continued to knife the side, the upper side of the left side and the upper side side of the knife.

While the Defendant continued to blickly blicked the face of the victim who was placed on the floor, the Defendant’s blicked blicked G, which was his flicked by the Defendant’s blicked G, and prevented the Defendant, thereby causing an injury to the victim, including approximately six weeks to eight weeks of credit blicked blick, credit blick, credit blicked blick, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of G, H and E;

1. Report on the results of conducting field inspections;

1. The actual condition survey report;

1. Commissioning for appraisal (No. 102);

1. Each photograph;

1. Application of the existing Acts and subordinate statutes under subparagraph 2 of this Article;

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

1. Statutory mitigation (voluntary mitigation) under Articles 25 (2) and 55 (1) 3 of the Criminal Act;

1. The sentencing under Article 62(1) of the Criminal Act is as follows.

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