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(영문) 대구지방법원 서부지원 2020.05.14 2020고합21
살인미수
Text

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

Seized evidence 1 and 2 shall be confiscated, respectively.

The instant attachment order request and the instant attachment order.

Reasons

Punishment of the crime

On December 22, 2019, the Defendant, while drinking alcohol at the Defendant’s house located in Daegu-gun Group B, did not look at the bath and insulting horses from the victim C (the 49 years of age) before seven years ago, and called the victim at around 17:45 on the same day.

On the same day, at around 18:25, the Defendant met the victim in Daegu-gun D, and then attempted to kill the victim, such as the victim's left knife, from the victim's knife of the knife (21cm in knife, 33cm in knife) prepared in advance, with the victim "I am knife, I am knife the part of the victim's knife, which is beyond the above knife's floor, so I am knife, but the victim tried to murder the victim, but the victim "I am too much, I am too much, and I am the same at the hospital. I am am knife", which means that "I will stop the crime by itself, and caused the victim's attempted to injure the victim, such as the left knife, etc. which requires treatment of about 4 weeks."

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Records of seizure and the list of seizure;

1. The photograph of seized articles, the arrest site, and the description and photograph of the victim;

1. A medical certificate (C);

1. Application of Acts and subordinate statutes of a criminal investigation report (Attachment to records, etc. in the outward);

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

1. Articles 26 and 55 (1) 3 of the Criminal Act for statutory mitigation;

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

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. The scope of the recommended punishment according to the sentencing guidelines [the determination of types] and the scope of the recommended punishment [the elements of mitigation of punishment] of Category 2 (Special homicides): the source of punishment, the factors of aggravation: planned murder crimes (the preparation and possession of a tool for committing a crime, the inducement of victims) [the scope of the recommended punishment] basic area, three years and four months to ten years.

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