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(영문) 대전지방법원 2014.01.10 2013고합497
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

Criminal facts

The defendant and the victim C(the age of 56) are the same dong residents, and the defendant has conflict between the burib trees owned by the victim on December 2012 and the burib trees without his/her permission.

At around 16:00 on May 8, 2013, the Defendant had been able to kill the victim by causing the victim to take advantage of his or her intention to take advantage of his or her intention, while he or she had been in dispute with the victim for the said reasons.

On May 8, 2013, at the defendant's house located in Daejeon Dong-gu, Daejeon, around 20:00, the defendant injectedd "Damerclon" agrochemicals in the defendant's house at the defendant's house at the bar during the 2-3-year period, and then injected the above pesticide into small 2 disease by inserting the above injection knife into the small knife lid that the defendant purchased at the defendant's house at the time. At that time, the defendant injected the above pesticide into the small 2 disease by inserting the above injection knife with the knife knife in the dry field that the victim cultivated in E at that time.

However, the victim who discovered the main defense between the defendant and the defendant has found the main defense

5. 11.12:51 At around 12:51, 12:51, he/she was aware of the fact that he/she was smelled, but he/she failed to kill the victim and attempted to do so due to the fact that he/she was smelled, not transparent.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of C in the police statement;

1. Statement of investigation reports (subject matters of prosecutor's direction);

1. Statement to the effect that one of the luminous glass bottles was seized from the defendant among the police seizure records;

1. Each request for appraisal, and each statement in the receipt (the receipt from which the defendant purchases the so-called stuffed one); and

1. Application of each film-related statute to CCTV photographs, such as field photographs;

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

2. Mitigation of attempted crimes under Articles 25 (2) and 55 (1) 3 of the Criminal Act;

3. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act are advantageous to discretionary mitigation.

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