(영문) 창원지방법원 밀양지원 2014.02.07 2013고합40

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(영문) 창원지방법원 밀양지원 2014.02.07 2013고합40

살인미수

Text

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

The evidence in 2013, No. 122 of the Criminal Prosecutors' Office that was seized shall be raised.

Reasons

Punishment of the crime

Around 12:25 on August 28, 2013, the Defendant: (a) in the house of the victim E (n.e., 61 years of age) located in Syang-si D on the ground that the victim, who is a legal spouse, did not return to the Busan in which the Defendant left the house in which he/she was the Defendant by asserting the Defendant, and did not return to the Busan in which he/she was the Defendant; (b) attempted to kill the victim by spraying the victim; and (c) was protruding the part of the victim two times in excess (the total length, 21cc, 11cc in the blade length) of a dangerous object during which he/she was posted to the kitchen and the kitchen, which is a dangerous object (the total length, 21cm, 11cc in the blade). During that process, the Defendant took two times in the part of the victim’s left shoulder, and took two times in the part of the victim’s body, and took part of the victim’s body, and did not have attempted to give an injury to the victim within four weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to F and E;

1. The police seizure report and the list of seizure;

1. Each report on investigation;

1. Written response to the request for appraisal;

1. A medical certificate;

1. Application of each statute on photographs;

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

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of punishment by law] 2 years and 6 months - 15 years - 15 years : The scope of recommendations for special mitigation factors (a considerable amount of deposit for recovery of damage): Imprisonment for 7 years - 12 years: imprisonment for 2 years and 6 years (a crime is committed; a crime is committed; the lower limit of the sentence shall be reduced to 1/3; the upper limit of the sentence shall be reduced to 2/3; and the lower limit of the sentence shall be mitigated to 2/3) / The crime in this case is committed on two occasions by the victim in knife while the defendant conflicts with the denied victim.

참조조문

유사 판례

-인천지방법원 부천지원 2013.02.21 2012고합445

-인천지방법원 부천지원 2012.09.28 2012고합255

-제주지방법원 2014.01.23 2013고합138

-부산지방법원 2015.12.22 2015고합599

-창원지방법원 2014.11.27 2014고합210