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(영문) 수원지방법원 2013.12.10 2013고합625
살인미수
Text

A defendant shall be punished by imprisonment for three years.

A seized one piece (No. 1) shall be confiscated.

Reasons

Punishment of the crime

On August 27, 2013, at around 23:00, the Defendant Dazed the victim E (the age of 49) and F, who was sitting on the wheelchairs in the D Park in S Park in Ansan-si, with no particular reason, Dazed the victim's right blick (the length of 17cc) one time, and carried the victim's right blick, and carried it to F, who was sitting on the wheelchairs.

Therefore, the victim was placed on the floor by putting the defendant's hand, and the victim again re-exploited "if she is why?" the defendant gets the victim's hand, and the defendant gets the victim's left part of the victim one time with knowledge of the fact that he could die in the case of a bruting a person's hand with the victim's hand, even though he was aware that he could die.

As a result, the Defendant attempted to kill the victim, but did not commit an attempted crime, even though the Defendant did not commit a bodily injury, such as salvating, salvating, and salvating, by the salute and salute who need about four weeks of treatment

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning F and E;

1. A written diagnosis of victims;

1. Requests for appraisal;

1. Seizure records;

1. Photographs, on-site map, photograph, and on-site photograph of the criminal tools;

1. Application of Acts and subordinate statutes to criminal investigation reports, internal investigation reports (Attachment of photographs of a suspect), internal investigation reports (verification of counter-existence of a victim E), investigation reports (verification of status of a victim E), investigation reports (content of telephone conversations with a reference witness G), investigation reports (Attachment of photographs of a victim E);

1. Article 254 of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the applicable criminal facts, the choice of limited imprisonment;

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. As to the Defendant’s assertion under Article 48(1)1 of the Confiscation Criminal Act, the Defendant asserts that the Defendant had a weak ability to discern things or make decisions under the influence of alcohol at the time of committing the instant crime.

The Defendant, at the time of committing the instant crime, was drinking.

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