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(영문) 대전지방법원 홍성지원 2014.09.18 2014고합29 (1)
살인미수
Text

A defendant shall be punished by imprisonment for three years.

Seized knife (No. 1) shall be confiscated.

A request for the attachment order of this case.

Reasons

Punishment of the crime

The Defendant was employed in the victim C(36 years of age) and was employed in the work for construction work, and on the ground that the victim did not pay monthly salary to the Defendant, and neglected the Defendant compared to E in performing work, the Defendant was able to have been fluentd with the victim.

Around 08:10 on April 10, 2014, the Defendant found a knife (28cm in total, 14.5cm in length) into the D office located in the F in Boan-si, Boan-si, and demanded the victim to pay monthly salary. However, the Defendant refused to request that the victim kills the victim. “I can do so so so, I can do so. I can do so. I can do so. I can see the knife?” The Defendant taken the knife into the knife to the part of the victim. However, the Defendant attempted to prevent the victim from taking a knife by hand, while the Defendant took the knife with the right side knife and the side knife accompanied by the knife damage.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Statement by the prosecution against C;

1. The police statement concerning G;

1. A medical certificate;

1. Application of the existing Acts and subordinate statutes of No. 1 (knife) of seized evidence;

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

1. The scope of punishment by law: Imprisonment for not less than two years and not more than six months but not more than fifteen years;

2. Scope of the recommended punishment according to the sentencing criteria [the scope of punishment [the scope of punishment [the scope of the recommended punishment] homicide, Type 2 (Special homicide) : Reduction area of punishment [the scope of the recommended punishment and the scope of the recommended punishment] , mitigation area of imprisonment with prison labor for not less than 2 years and not more than 4 months and not more than 8 years (the minimum limit of the sentencing range (7 years - 12 years) in the mitigated area is 1/3 and the upper limit of the mitigated area (7 years - 12 years) shall be reduced to 2/3] [the scope of the corrected recommended punishment] Imprisonment for not less than 2 years and 6 months and not more than

3. Determination of sentence:

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