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(영문) 서울중앙지방법원 2015.12.24 2015고합992
살인미수
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The defendant is a partner of the victim C(45 years of age) and resides in the first floor of Jongno-gu Seoul Metropolitan Government D Housing which is owned by the victim, and the victim is residing in the second floor of the above house.

The Defendant does not divide the property that the victim succeeded to three years prior to the death of the mother who was the end of his arms, and did not repeatedly refuse the Defendant’s request to pay director expenses on the ground that the mother was the mother who was the end of his arms, and did not travel to the Defendant. On the other hand, the Defendant and his family were neglected, and the Defendant was aware of this.

On October 14, 2015, at around 13:17, the Defendant: (a) in the stairs rail between the first and second floor of the foregoing housing, and (b) sufficiently aware of the fact that the victim was friendly, in a fluorial currency, and at the same time caused the damage to the victim’s death, and (c) while recognizing that the victim was about 33cm in the Defendant’s residence (total length, No. 1), the victim was able to take part in the said stairs rail and 7 times in the back of the head of the victim who was in a currency.

As a result, the defendant tried to kill the victim, but he did not commit an attempted crime, only caused two weeks of medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement by the prosecution against C;

1. Police suspect interrogation protocol of the accused (first time);

1. Statement to C by the police;

1. The written statement of the defendant;

1. On-site photographs, investigation reports (victims' state, oral statements, etc.), investigation reports (related to leakage or statements of suspects), investigation reports (related photographs of the scene of damage);

1. Application of existing Acts and subordinate statutes of seized net values (Evidence 1);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution;

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