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(영문) 창원지방법원 마산지원 2017.08.11 2017고합33
살인미수
Text

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

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

Reasons

Punishment of the crime

around December 201, 2005, the Defendant knew of the fact that his wife C was her wife D and met with the victim, but after the divorce, C was aware of the fact that C had been living in order to care for the child and became aware of the fact that C had again been living in around December 2016 and came to be hedging with C.

On April 25, 2017, at around 22:45, the Defendant appeared in front of the “F” restaurant operated by Da in Hanam-gun, Hanam-gun E, and observed that there was C and the victim, and had the intent to kill the victim by breaking the perception that he/she had been divorced due to the victim.

Accordingly, the defendant has a knife (28 cm in total length, 17 cm in length) in the vehicle of the defendant, and has a knife side of the victim who was in front of the above restaurant and has reached a knife once.

As above, the Defendant attempted to murder the victim, but only distributed the victim with approximately three weeks of need for medical treatment, and the victim attempted to flee with the wind.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or C;

1. Investigation report (limited to the detection of blades used for committing the crime);

1. Statement of opinion;

1. A report on the results of field identification;

1. A survey report on actual conditions;

1. Application of statutes on records of seizure and lists 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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

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

2. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment [the types of murder] Class 2 (person subject to special mitigation] [the scope of the recommended punishment] imprisonment for two years and four months to eight years (the scope of the mitigated punishment area and the scope of the recommended punishment for attempted murder shall be reduced by one-third to the minimum limit of seven years to twelve years, which is the scope of the recommended punishment for the crime of murder, and the maximum of two-thirds);

3. Sentence;

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