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(영문) 광주지방법원 순천지원 2019.05.02 2018고합218 (1)
살인미수
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A defendant shall be punished by imprisonment for five years.

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

Reasons

Punishment of the crime

The Defendant married on or around September 2009 with the victim B (n, 32 years of age), but was divorced from June 2018 and divorced on or around October 24, 2018.

On July 2018, the Defendant was brought a divorce suit against the victim, and the Defendant was unilaterally brought a divorce suit even though he did not have any error, and was able to kill the victim upon the completion of the divorce proceeding on October 24, 2018.

On October 24, 2018, at around 20:38, the Defendant: (a) was preparing to open beauty rooms in luminous beauty rooms in Mayang-si, Mayang-si; (b) was in possession of the victim, with the mark (No. 1, 33cm in total length, 20cm in blade) in advance, so far as the victim’s chest part is 10cm by 10cm; (c) the victim’s chest part is dried up; (d) the victim, who desires to flee with the after part of the marbbbbbbb, etc., continued to commit suicide, and attempted suicide; and (e) the victim, who knicks his knb, escaped into a restaurant via the after part of the cosmetic room using the marb.

Therefore, although the defendant tried to murder the victim with a knife, the victim escaped and attempted to commit an attempted crime, and the victim needs about 8 weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to B, D, and E;

1. Seizure records;

1. Each site photograph, ctv video;

1. Application of Acts and subordinate statutes to each gene appraisal statement;

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of punishment by law: Five to thirty years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [the determination of types] [the category 2] ordinary motive homicide [the special salvists] - Aggravation factors: planned murder and serious injury [the scope of recommendations and recommendations].

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