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Reasons
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(영문) 의정부지방법원 2015.12.03 2015고합167
살인미수
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The defendant was aware of the victim G (the age of 63) who was accommodated in the D female house near the C market in his own Government by visiting the friendship E, F, etc., and was accommodated in the said female house.

On June 12, 2015, the Defendant attempted to see the said D’s accommodation. However, the Defendant: (a) thought that the ordinary citizen was unable to do so by drinking alcohol and drinking other guests; (b) was refused to do so from the said D’s business proprietor H; (c) when he was refused to do so, the Defendant thought that the victim, not the business proprietor of the said female lodging, was able to do so by taking advantage of the business proprietor’s attitude, and was able to kill the victim.

On June 13, 2015, at around 18:10 on June 13, 2015, the Defendant laid the kitchen knife (34 cm in total, 21 cm in length) in the kitchen room, and tried to kill the victim once with the above knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Each police statement made to I and H;

1. Records of seizure and the list of seizure;

1. The CD;

1. Application of the Acts and subordinate statutes to the kniff photograph, field image of the damaged body photograph, identification of the suspect's field, victim kniff photograph (kniff color photograph), ctv image photograph;

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

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences: Imprisonment for a period of two years and six months to fifteen years;

2. Application of the sentencing criteria [the range of recommending punishment] homicides of Type 2 (Ordinary homicide) and the mitigated area (two to eight years): homicides (special mitigation factors).

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