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(영문) 의정부지방법원 2018.01.15 2017고합372
살인미수등
Text

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

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

Reasons

Punishment of the crime

The defendant is between the victim C (n, 31 years of age) and the victim D (38 years of age). The victim D (38 years of age) is between C and C.

1. On August 17, 2017, at around 02:50, the Defendant, with knowledge that the victim C was accompanied by the victim and D, was put in a knife (13 cm in length, 10 cm in the knife) with the victim’s residence, and infringed upon the victim’s residence against the victim’s will, by putting the knife (13 cm in length, 10 cm in the knife).

2. The Defendant, at the same time and at the same place as above 1. Paragraph 1., discovered that the Victim C and D exceeded and her clothes, had the mind of wishing to die of the victim. The Defendant she sleeped on the part of the victim who sleeped above, and continued to have the string part of the victim’s sleep, and she sleeped in the same room.

D Hasheed or failed to commit a crime.

3. The Defendant of special injury: (a) committed an injury on the part of the victim D, who was a victim of the same room in a time and at a place like the above 1. paragraph (1) of this Article, in order to cut the knife, which is a dangerous object of the victim’s shouldered inside the shoulderer, and to cut the knife by cutting the knife; and (b) continuously committed an injury on the part of the victim, such as hand, hand, hand, knife’s knife’s knife and knife’s knife’s knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. Statement made by the police against D;

1. Each injury diagnosis letter;

1. Photographss of each upper part of the body;

1. Application of existing Acts and subordinate statutes of one knife (No. 1) seized;

1. Relevant legal provisions of the Criminal Act concerning the crime, Articles 320, 319(1) (a) of the Criminal Act that prescribes the choice of a punishment (a special intrusion into a house), Articles 258-2, 257(1) (a) (a special injury) of the Criminal Act, Articles 254 and 250(1) of the Criminal Act (a) (a person who attempts to murder and choice of imprisonment with prison labor)

1. The former part of Article 37 of the Criminal Code, and Article 38.

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