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(영문) 청주지방법원 2016.04.08 2015고합197
살인미수
Text

A defendant shall be punished by imprisonment for not less than two years and four months.

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

After the Defendant came to know about about 10 years from the Internet hosting that he met the Victim G (36) with approximately 10 years ago, the Defendant had been informed about about 1-2 times in one month, and raised complaints about her simple sexual intercourses against the victimized party, and the Defendant had recently been suspected that the victimized party might be satisfing another female, and was satisfing with her death after having died of the injured party.

Around October 14, 2015, when the defendant lacks the ability to discern things or make decisions due to symptoms, such as a loss sense, degradation of judgment, etc., the defendant had sexual intercourse with the victim on October 14, 2015, 23:48, 14:48, 201, and then had sexual intercourse with the victim, she had a shower with the victim, and tried to kill the victim once again by taking the kitchen (the total length of 31cm, the length of 19cm on the day) prepared by the victim in advance with the second hand, and then attempted to kill the victim once, but the victim did not achieve that purpose, and did not cause any damage to the between the victim and the opening within the mouth of the number of days of treatment days, and attempted to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A protocol of seizure and a list of seizure;

1. Report of occurrence (Violation of the Punishment of Violences, etc. Act), list of cases reported, list of cases reported, list of investigation reports (referring to opinions of the victim in charge of the degree of injury), pictures of seized objects, and statement of opinion (number 13 No. 13 of the list of evidence);

1. Written opinion (No. 16 No. 5 of the evidence list), medical certificate;

1. Existing kitchens of seized kitchens (No. 1);

1. Application of Acts and subordinate statutes to the written mental appraisal of a medical treatment and custody center;

1. Relevant Article of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the selection of criminal facts;

1. Articles 10(2) and 10(1), and 55(1)3 of the Criminal Act for the mitigation of mental and physical weakness (the result of the mental appraisal by this court on the custody center for the treatment and custody of this court) of the Act on the Mitigation of Mental and Physical Disorders (the Defendant is suffering from non-quality mental disorder and unstable personality disorder), and at the time of committing the instant crime, the Defendant is in the state of unreplacement with such mental condition and alcohol harmful.

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