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(영문) 울산지방법원 2015.06.12 2015고합52
살인미수
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 23, 2013, the Defendant entered the Republic of Korea as a visa for visiting the Republic of Korea on February 23, 2013 with Chinese nationality, and came to know while seeking jobs in the same manpower office as the victim C (the age of 40) and around one year prior to the same as the human resources office, and became aware of each other's house and became familiar with each other.

The defendant, around 16:30 on March 3, 2015, viewed the difference between China and Korea as the defendant's house located in Ulsan-gun D with the victim, while drinking together with the victim.

In order to avoid disturbance, such as brubing brub, brubing the victim's brub, brubing brub, brubing brub, and brubing the victim, we tried to kill the victim by prushing it in a timely manner.

At around 18:30 on the same day, the Defendant saw a knife knife (33cm in total length, 21cm in knife) which had been living in the Defendant’s house with his kitchen, and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife, but knife knife knife knife knife knife knife knife knife,

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Seizure records;

1. Application of Acts and subordinate statutes to photographs, investigative reports (field photographs, etc.);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 48(1)1 of the Criminal Act

1. The main point of the argument was that the victim was injured or that the victim was killed.

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