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(영문) 인천지방법원 2013.11.20 2013고합556
살인미수
Text

A defendant shall be punished by imprisonment for three years.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

While the Defendant was living in the Incheon Gyeyang-gu, the same resident in the Incheon Gyeyang-gu, and the victim E (50 years of age) was good in D, there was a dispute between them. On August 13, 2013, even around 18:00, the Defendant did not have good appraisal, for example, such as putting the victim and float, and titing the d due to the problem related thereto.

On August 13, 2013, at around 23:20, the Defendant reported that D was kneeing and enjoying the victim’s knee in front of the 1st floor of the above Croud. At around 23:20, the Defendant, having the kitchen knife (No. 1, No. 20cm in length) which is a dangerous object at the Defendant’s home, and had the kitchen knife “blick” and tried to cover the victim’s part with the above knife with the victim’s knife with the said knife’s hand, but the victim, by cutting the victim’s left face part of the victim’s knife with the above knife, had the victim suffered injury, such as the opening of face requiring treatment for about five weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E;

1. The police statement concerning F;

1. Investigation report (Attachment, such as field photographs), investigation report (F, hearing of oral statements);

1. Written opinion and each medical certificate;

1. Application of Acts and subordinate statutes on seizure records;

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

1. Reasons for sentencing under Article 48(1) of the Criminal Act;

1. The scope of applicable sentences by law: Imprisonment with prison labor for up to 30 years; and

2. Scope of the recommended sentence according to the sentencing guidelines (decision of types of punishment), violent crimes, repeated injury, special injury by repeating a repeated offense, special injury (special injury by special person) and increased factors: serious injury (Scope of recommending punishment) shall be punished by imprisonment with prison labor for up to three years from five years (aggravated area).

3. Determination of sentence: Imprisonment for the crime of this case for three years is that the defendant inflicts an injury on the victim with the kitchen knife; the crime of this case is poor in light of the course, means, methods, etc. of the crime; the victim's home is cut out due to this case; and the left hand hand is cut in depth on the knife.

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