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(영문) 창원지방법원 마산지원 2017.04.14 2016고합114
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

At around 13:30 on April 16, 2016, the Defendant, while drinking a victim E (51 years of age) and alcohol, who is a workplace club located in the Changwon-si, Changwon-si, Changwon-si, Changwon-si, Masan, the Defendant: (a) had the victim before the workplace club fee, “domin the State law,” and flabed him; (b) had the victim and flab with flab; and (c) had the victim flab.

The Defendant, while avoiding fighting with the workplace rent, was unable to fight the victim’s face face, was frightened to the victim’s face, and the victim was hicked from the victim with the word “I can drink if you drink,” so that the victim can kill the victim by taking the two knife with each other by taking two knife, and the victim hicked with each other by taking two knife, and attempted to kill the victim by taking the part of the victim’s knife with the knife’s knife’s knife with the knife’s knife. However, the Defendant attempted to murder the victim by taking the part of the victim’s knife with the knife’s knife with the knife’s knife’s left part requiring six weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Entry of the defendant in part in the first trial record;

1. Each prosecutor's statement protocol concerning E and F;

1. Each police statement made with respect to G and H;

1. Investigation report (a copy of victim E's medical record and attachment of CT video CDs), investigation report (a document attached to the opinion of the Busan East Asia University Hospital);

1. A copy of the details of 119 reporting, the photograph of the victim on the upper part of the body of the victim at the time of transfer to the hospital, the questionnaire of questions with the State, the survey report, the medical certificate, the opinion of opinion, and the certificate of medical records;

1. Application of CT taken CDs-related Acts and subordinate statutes

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

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act, which is statutory mitigation;

1. Article 62 (1) of the Criminal Act (The following sentencing shall be considered in favor of the accused during the period of suspension of execution):

1. Determination on the assertion of the defendant and his/her defense counsel under Article 62-2 of the Criminal Act regarding orders to provide community service and attend lectures

1. The Defendant of the gist of the assertion.

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