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(영문) 대전지방법원 천안지원 2016.06.30 2016고단623
살인예비
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant did not pay the victim C(48 tax) with the money borrowed from the defendant, who was aware of his knowledge, and did not communicate with the victim, and did so with the mind to kill the victim.

Therefore, the Defendant left the taxi at around 09:00 on April 14, 2016 and left the taxi at the parking lot of the taxi company at night, and left the taxi at around 09:00 on September 14, 2016, the Defendant prepared for committing the crime by putting the knife with the knife (the total length of 33cm, 21cm) that was kept in the Defendant’s dwelling in the knife located in the knife located in the Sinsan City, and tried to find the knife at the victim’s dwelling in North-gu E apartment at around 10:35 on the same day.

Defendant 1: (a) knife knife knife knife knife knife knife knife with the above knife; (b) knife knife knife knife knife knife knife knife with the victim’s knife, and knife knife knife knife knife with the victim’s knife

Accordingly, the defendant prepared to kill the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each police statement made to F and G;

1. Police seizure records;

1. Reporting on the arrest of a case;

1. On the spot and photographs of seized articles;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Articles 255 and 250 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act for the observation of protection and the order to attend the lecture are that the defendant denies the crime, and that the contents of the law of the crime are disadvantageous.

The fact that the defendant has no record of punishment heavier than the fine for a considerable period of time, and that the defendant agreed with the victim is more favorable.

In consideration of these circumstances, punishment is imposed as ordered.

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