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(영문) 서울남부지방법원 2016.03.17 2015고합291
살인미수
Text

A defendant shall be punished by imprisonment for two years.

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

On December 27, 2007, the defendant, a Chinese national foreigner, entered Korea with the denied Chinese nationality C, and was living in Korea on December 27, 2007, and on October 3, 2012, the defendant went to Korea with the victim D(46) of Chinese nationality, and was living together with the victim, and had the victim make a malicious appraisal.

On July 22, 2015, the Defendant heard from the former part of the victim to be divorced from the victim. On July 22, 2015, around 16:00 on July 22, 2015, the Defendant found the victim’s house by failing to go to the victim and confirmed the victim’s house at around July 22, 2015, and on July 22, 2015, the Defendant sought the victim’s house at the Defendant’s house located in Dongjak-gu Seoul Metropolitan Government E, knife (knife No. 21cm, No. 1), knife (knife No. 21.5m, No. 2) and knife (knife No. 3).

On July 22, 2015, at around 23:00 on the victim's house located in Yeongdeungpo-gu Seoul Metropolitan Government F, the Defendant saw knife and knife, which is a dangerous thing brought to the victim as above, from home to home, and knife knife knife and knife knife knife knife knife knife knife knife knife knife knife knife over several times

In this respect, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the witness D and G in the fourth public trial protocol;

1. Statement made by the prosecution with regard to H;

1. A protocol of seizure, a report on investigation (to hear statements by police officers called the scene) and a written appraisal;

1. Application of field photographs, victim 1), standing photographs, victim 2) Acts and subordinate statutes;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Grounds for sentencing under Article 62(1) of the Criminal Act (i.e., circumstances favorable to the following reasons for sentencing)

1. Scope of punishment by law: Imprisonment with prison labor for not less than one year nor more than ten years;

2. The sentencing criteria for violent crimes do not apply to the special injury crimes of Article 258-2 of the Criminal Act newly established on January 6, 2016, which were newly established on January 6, 2016.

3. Determination of sentence: Imprisonment with prison labor for a two-year period of stay, the defendant shall have a knife and knife the victim.

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