2018Gohap154 Murder Attempted

A

Park Jong-dae (Court) (Court of Justice), Kim Jong-young, and Domina (Court of Justice)

Attorney B (Korean National Assembly)

April 12, 2018

A defendant shall be punished by imprisonment for five years.

A seized knife (No. 1) shall be confiscated.

Criminal facts

On January 30, 2018, the Defendant heard the victim D (year 49) who was living in a dog with portable burners in front of Jongno-gu Seoul, Jongno-gu C, and heard that the Defendant would not take a cooking, and had a good appraisal against the victim.

After that, the defendant tried to kill the victim by 3 times using a knife knife (20cc in length, 33cc in total length) which was held for the purpose of the opening of a knife in a way that he was living in a knife at the same place on January 31, 2018, and 11:25.

However, in the vicinity, E has taken the knife, the defendant was prevented, and the victim was sent back to the hospital and received medical treatment such as surgery, so that it was not achieved, but attempted.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A medical certificate;

1. All on-site photographs;

1. Deadly weapons, photographs of a victim's wearing, photographs of a victim's body, photographs of a part of a victim's bodily injury, and photographs of a part of an operation of a victim; 1. Investigation reports (in relation to the process of the operation of a victim, attachment of the victim's statement, confirmation of the status of the victim, counseling of the victim's telephone call

1. Records of seizure and the list of seizure;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 254 and 250(1) of the Criminal Act

1. Confiscation;

1. Scope of punishment by law: Imprisonment with prison labor for not less than five years but not more than 30 years;

2. Scope of recommended sentences according to the application of the sentencing criteria: At least two years and not more than eight years.

[Scope of Recommendation] Type 2 (Ordinary homicide) (Murder) Reduction Area (2 years and four months to eight years) 1

【Special Convicted Deathor ] Reduction element: dolusent murder

3. Determination of sentence: The crime of this case with a five-year term of imprisonment was committed on the alleyway by the victim, who is a public worker cleaning the distance while the defendant was living in a portable burner, and was under the control of the victim. The crime of this case was committed in a knife with a knife. It is not good that the crime is committed, and the method of the crime is very dangerous, and the degree of injury suffered by the victim is not less obvious. The defendant did not compensate the victim. The defendant did not compensate the victim. The defendant was sentenced to a suspended sentence of imprisonment with prison labor for the crime of violation of the Punishment of Violences, etc. Act (a collective weapon, deadly weapon, injury, etc.) by causing the knife to the person, and even though there were several times the past records of being sentenced to a fine by an act of violence, these circumstances are unfavorable to the defendant. However, the defendant is contingently committed, and the defendant's attempted act is also contrary to his own criminal act.

In addition to the above circumstances, the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, and the circumstances after the crime, the punishment as ordered shall be determined in consideration of all the sentencing conditions.

The presiding judge, the highest judge;

Judges Gin-type money

Judges Shin Jae-ho

1) Since the crime of murder is a crime of murdering and committing a crime, the term "one-third or more years of imprisonment, which is the lowest limit of the recommended sentence range," shall be "one-third or more years of imprisonment" and "one-half or less years of imprisonment".

that person shall be reduced to less than 2/3 of the imprisonment for not more than 8 years.