The Punishment of Violences, etc. Act, which is Recognized as having attempted murder 2015 high altitude88

half (Bodily Injury by Group, Deadly Weapons, etc.)

A person shall be appointed.

Jina decoration (prosecutions) and tearather (Public Trial)

Attorney B, C (State Ship)

October 16, 2015

A defendant shall be punished by imprisonment for three years.

Criminal facts (the part of the ancillary charge)

On October 10, 2014, the Defendant entered and operated a restaurant in and around the vicinity of the public sewerage.

A victim D (n, 48 years of age) was known of the victim D, and 7.6 million won was assigned to a police officer on June 2015, 2015.

Every time it is necessary to use money to return money, and the victim does not return part of the money.

There were serious complaints.

Defendant 7, 22, 08: Damage at a restaurant operated by the victim E in Gangwon-gun, Gangwon-do, around 17:

There was no money for the victim to return the above money to the person, but the test was rejected by the victim.

The head of the injured party blick, which is a dangerous thing on the blick, shall be cut one time, and the person shall do so.

The victim's face, arms, and 20 times, has reached a knife with a knife 1).

As a result, the defendant carried dangerous articles and was killed and wounded in the days of treatment for the victim.

Along with this, I tried to add.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of opinion, and record of emergency patients;

1. CCTV images, each photograph;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act

Reasons for sentencing

1. The scope of punishment by law: Imprisonment for not less than 3 years to 30 years;

2. Scope of the recommended sentencing criteria; and

[Determination of Type] Class 1 of the Special Bodi Injury resulting from Habitual Injury (Habitual Injury, Injury Award)

Special Bodily Injury)

[Special Convicts] Reduction element: Self-denunciation

Aggravation : Heavy injury 2)

【No person who is a general person for life】

【Determination of Recommendation Area】 Basic Area

[Scope of Recommendation] Imprisonment of 2 years to 4 years

3. Determination of sentence: Three years of imprisonment; and

The crime of this case shall be committed by getting the head of the victim from beer disease and beer disease several times and knife with knife

Risk of her face and arms with a significant degree of self-harm, and the risk of the method of her face and arms, the degree of the result thereof

In light of gender, etc., the victim is extremely poor due to the crime of this case.

The defendant appears to have suffered a new and physical pain, and the defendant was unable to agree with the victim.

Considering the fact that the defendant did not receive a letter from him, it is necessary to severely punish the defendant.

except that the defendant has been subject to the assault of a fine not exceeding 10 years;

After the crime of this case was committed, the police voluntarily surrenders to the police, and the defendant is a full property.

It was demanded to return it after lending to the person, but it was neglected by the victim.

Along with the fact that it appears to result in the instant crime, etc., in favor of the Defendant

I take into account the age of the defendant, family relations, circumstances after the crime, etc.

The sentence shall be sentenced to three years, taking into account all the factors of sentencing, and the sentence shall be determined as ordered by the court.

(c)

Part of the Innocence (the primary charge)

1. Summary of the facts charged

The Defendant cited a beer’s disease as indicated in the judgment at the time and place, and gets the victim’s head once.

J. For this reason, knife knife knife knife knife of the victim's face, knife, knife and knife knife

A person who attempted to murder a victim but failed to commit an attempted crime, such as an unexplosion and injury in the number of days of treatment.

2. The defendant and his defense counsel's assertion

The defendant gets from a beer's disease to the head of the victim, and blicker's disease to the beer's disease;

Although the victim was killed, there was no intention to kill the victim.

3. Determination:

The following are acknowledged by the evidence duly adopted and examined by this Court:

Comprehensively taking account of the aforementioned circumstances, the intent of the Defendant to kill the victim solely with the evidence submitted by the prosecutor.

It is difficult to readily conclude that there was any other evidence to acknowledge it.

(1) The victim’s head was clicked with beer, but the head was not clicked with the head, and the back of the head.

In light of the strength and weight of beer and beer, murdering the victim in light of the strength and weight of beer and beer;

Insufficient, the flag is insufficient.

② 피해자를 찌른 맥주병의 깨진 병목 부분이 뾰족한 부분 없이 원형으로 비교적 균

일하게 깨어졌고 손으로 쥔 부분을 제외하면 자창을 입힐 수 있는 길이가 약 1cm에

It is merely insufficient to use the victim for the purpose of killing and injuring the victim.

(3) A victim in a written opinion shall be able to be satisfed with his/her face and arms only.

The victim did not cover the neck and chest of the victim, and damaged the boomed floor and the surrounding land; however, the victim suffered damage to the boomed floor and the surrounding land;

There was no damage to blood transfusion.

④ The Defendant, a victim who escaped, was unable to drive away until the end, was able to stop committing the crime.

⑤ In the event of murdering the victim, the victim would normally have failed to surrender himself to the police after committing the crime; or

The Defendant voluntarily surrendered immediately after the instant crime.

4. Conclusion

Therefore, this part of the facts charged constitute a case where there is no proof of the facts charged.

In accordance with the latter part of Article 325 of the Transmission Act, innocence should be pronounced: Provided, That it is the ancillary charge

As long as it is found guilty of a crime in violation of the Punishment of Violences, etc. Act (a group, a deadly weapon, etc.)

not be acquitted in the disposition of the court.

jury verdict and sentencing opinion

1. A verdict of guilt or innocence;

○ homicide

- - Two persons guilty

- Not guilty: Seven persons;

○ Violation of the Punishment of Violences, etc. Act (a group, a deadly weapon, etc.)

- - Nine persons:

- Not guilty: 0 persons (with a unanimous verdict)

2. Opinions on sentencing

- Imprisonment with prison labor for up to two years and suspension of execution: one person;

- Three years of imprisonment and suspension of execution: two persons;

- Imprisonment for three years: two persons;

Four years of imprisonment: two persons;

- 5 years of imprisonment: One person;

- 7 years of imprisonment: one person;

For the above reasons, this case against the defendant through a participatory trial according to his wishes

shall be determined as above.

Judges Masung-young

Judges Domincs

Judge Lee Jin-han

1) The length (excluding knife knife knife knife knife knife knife knife knife knif

The blade length is approximately 1 cm.

2) It is anticipated that there will be severe drilling disorder on the face and that it would be reasonable to give psychological post-treatment.

3) An investigative agency conducted an investigation by deeming that the Defendant committed a murder and attempted murder. Nevertheless, the occurrence of the instant crime.

immediately after the police did not secure a shoulderer's disease, which can be called the most basic evidence, and the victim's name on the breast part, etc.

In light of the fact that the defendant was unable to collect clothes suffered by the victim, etc., so that the initial investigation was considerably insufficient. The prosecutor also conducted the case.

Even though three months have elapsed since the commission of the crime, it is the most likely that the defendant had the intention to commit the crime.

The CCTV images were not secured by the victim’s statement, which is an important evidence. Ultimately, the investigative agency asserted the attempted murder and as evidence to prove it.

Only when presenting the evidence, the court failed to take adequate measures for the discovery of evidence.