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(영문) 수원지방법원 평택지원 2018.09.07 2018고합127
살인미수
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On January 1, 2004, the Defendant was appointed as Ansan-si Library C, and started his public service. From September 2, 2005, the Defendant was in charge of environmental, health, etc. at the D office of Ansan-si, and the victim E (65 years old) was the superior to the Defendant’s interest on the side of the above D office.

Around August 7, 2008, the Defendant: (a) committed assault against the above victim (a) (around 7, 2008, the victim was subject to removal from office due to assaulting the victim; (b) the victim was boomed; (c) the victim was faced with economic difficulties while living together with his/her family without any specific occupation for about 10 years after dismissal; and (d) the victim was deprived of the death of the Defendant’s mother-friendly F, around June 20, 2018; and (c) the victim was aware of the fact that the Defendant’s mother-friendly F, who was the Defendant’s mother, died, followed his/her mother-child’s life.

On July 12, 2018, the Defendant came in front of the victim's house located in Ansan G on July 21, 2018, and tried to murder the victim's knife at one time in excess (12.5m in length on a knife) which is a dangerous object that was previously held after the victim was cut out of the house, but the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Side photographs of an injury inflicted on the victim;

1. A copy of a medical certificate;

1. Application of seizure records and statutes concerning the list of seizure;

1. Relevant Article of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the selection of criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Scope of punishment by law: Imprisonment for not less than two years and six months to 15 years; and

2. The scope of recommendations according to the sentencing guidelines [the types of decisions] murder, and the type 2 (General homicide) mitigation factors: Minor injury (the recommended territory).

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