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(영문) 대구지방법원 안동지원 2019.07.25 2019고합9
살인미수
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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, at around 03:50 on January 1, 2016, was suffering from mental illness, such as editing and modern illness, in the state that the defendant had weak ability to discern things or make decisions, and was living together in the house of the victim C (W, EW, 57 years old) located in G, G, Nam-gun, G, and that the victim was willing to kill the victim.

The Defendant, using fingers (34 cm in length, 7 cm in length, 17 cm in length), has taken one time the face part of the victim, who was in a room, but was attempted by the victim with the shoulder or the arms of the Defendant and the wind to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (Attachment of a photograph of the injured party), investigation report (Attachment of a photograph of the seized article), investigation report (exploiting of the site), investigation report (Attachment of a photograph of the site);

1. Application of Acts and subordinate statutes of the General Medical Certificate (C);

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

1. In full view of Articles 10(2) and 55(1)3 of the Criminal Act for the mitigation of mental illness [the crime of this case is deemed to have committed the crime of this case under the status of changing things or lacking the ability to make a decision due to mental illness, such as a mental illness, in light of the following: a written request for emergency hospitalization, an investigation report (as to attachment of a medical certificate for a suspect A mental illness), a medical certificate (A), the background of the crime of this case, the behavior of the accused before and after the crime, the treatment details of the accused, the attitude or content of the defendant's statement, etc.

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of applicable sentences under law: Imprisonment with prison labor for a year from March to June;

2. The scope of recommendations based on the sentencing criteria: The sentencing criteria shall apply to attempted crimes.

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