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(영문) 전주지방법원 2020.04.23 2020고합10
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 and the victim B (ma, 67 years old) are married couple.

On January 5, 2020, at around 10:05, the Defendant requested a divorce from the victim at the residence in the west-gun C of the Jeonju-gun, the Defendant attempted to kill the victim's clothes and the knife part of the bridge in each of the above knife knife knife, and attempted to kill the victim's clothes and the knife of the bridge in the above knife knife, but failed to hear the answer.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made against D and B;

1. Each protocol of seizure;

1. A copy of medical records and a gene appraisal report;

1. On-site photographs (Evidence Nos. 3), murdered field photographs (Evidence No. 13);

1. Application of Acts and subordinate statutes to each investigation report (Nos. 2 and 11 of the evidence list);

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. Article 62-2 (1) of the Criminal Act regarding community service order;

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to fifteen years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of punishment] [the range of punishment [the range of punishment [the range of recommendations for the crime of homicide] ordinary motive homicides [the categories 2] [including a serious effort to recover damage] mitigation factors: source of punishment (including the recommended field and the scope of recommendations] [the scope of punishment for the crime of homicides] mitigation area], two years and four years to eight years (the scope of punishment for the crime of homicides shall be reduced to 1/3 and the upper limit to 2/3 respectively] [the scope of punishment revised according to the sentencing guidelines] sentenced to imprisonment of two years and six years to eight years (the lowest limit of the sentencing range recommended by the sentencing guidelines are inconsistent with the lower limit of the applicable sentencing range in law, so the lower limit of the applicable sentencing range of punishment recommended by the sentencing guidelines differs from the applicable sentencing range]

3. Where a decision of sentence is rendered, the parts of the defendant's body, such as the clothes of the victim whose spouse is his/her spouse, are two times.

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