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(영문) 대구지방법원 경주지원 2016.02.05 2015고합69
살인미수
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the victim D(V, 67 years old) and the husband and wife relationship.

The victim constantly brought a divorce lawsuit on 2014 while being suspected of the defendant's inhuman rights relationship, and the defendant tried not to proceed with divorce by dividing property into property of the victim.

In spite of the above efforts, the Defendant intentionally avoided the Defendant, such as continuing suspicion of inhumane relations and failing to talk with the victim without telephone, thereby having the Defendant murdered the victim.

On September 1, 2015, the Defendant is the last time to see the Victim while drinking together with the Victim at F Park in the F Park on September 1, 2015.

Now, the term "the deceased and the deceased", and the frighten frighten frighten frighten frightened the victim, and the frighten frighten frighted the female's trees by hand.

Defendant continued to have a knife (No. 1, 24 cm in total length, and 12.5 cm in length) in its place near the Defendant, and continued to have a knife a part of the victim’s knife with the knife and a knife, and had a deep knife with the knife, but was transferred to a hospital by the 119 first-aid crew, who was dispatched by the report of the knife, and had the knife to receive medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G, H and D;

1. Investigation report (Attachment of 112 Report on Handling of Cases), detailed statement of processing of cases reported 112, investigation report (related to investigation of reference witnesses' international interviews), investigation report ( telephone conversations between the J counterpart of the body of the injured party and field photographs, investigation report (Attachment of gene appraisal report on evidence), investigation report (Attachment of shotos to crimes), and photographs;

1. Seizure records;

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 selection of criminal facts;

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing) are as follows.

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