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(영문) 서울북부지방법원 2015.04.03 2015고합23
살인미수
Text

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

One (No. 1) and one knife (No. 2) of the blades seized.

Reasons

Punishment of the crime

On January 15, 2015, the Defendant: (a) caused the victim C (the 65-year-old age), who was the mother of the city, due to a failure to conduct his business, high blood pressure, etc., and was engaged in an appraisal that caused the defect to the victim, and (b) purchased the knife (the knife length) at the miscellaneous point located in the children of Gangnam-gu Seoul Metropolitan Government (the knife 13cm).

On January 16, 2015, at around 02:30 on January 16, 2015, the Defendant found the victim's house 202, the building D, Gangnam-gu, Seoul, with the upper knife while holding the knife and talked about the fact that the victim had been neglected, and the victim had knife with the defect victim's knife with the defect victim's left side, and knifeed that the victim continued to commit the crime that "the victim did not knife," while the victim knife with the defect victim's knife.

Although the Defendant attempted to kill the victim as such, the Defendant did not commit an attempted act but did not commit an injury to the victim, such as influoral dysium in the number of days of treatment, which requires considerable hospitalization for a certain period of time.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Each protocol of seizure and the list of seizure;

1. Each internal investigation report and each investigation report;

1. Each photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Voluntary suspension and mitigation of crimes under Articles 26 and 55(1)3 of the Criminal Act (the attempted suspension is recognized in light of the circumstances in which the murderer’s act was suspended by hearing the rumor to the effect that the defendant misleads the victim without any special disability);

1. The defendant and his defense counsel's assertion of the defendant and his defense counsel under Article 48 (1) 1 of the Criminal Code of Confiscation are alleged to the effect that he was in a state of mental disorder under the influence of alcohol at the time of the crime in which the defendant committed the crime.

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