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(영문) 제주지방법원 2014.11.20 2014고합178
살인미수
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The defendant is in the relationship with the victim D(47 years of age) and the workplace of a person working as a crew member of the Seopopo Port C.

At around 14:30 on September 3, 2014, the Defendant tried to kill the victim by breaking the victim’s face with his/her bath on the front of the F market play place located in Seopo City E, Seopopo City, with his/her view to taking the victim’s face together with his/her bath. The Defendant brought excessive (20cm in total length, 12cm in blade) in a place near the place where he/she had his/her face to kill the victim. The Defendant was able to kill the victim once again, but the victim tried to kill the victim by knife the part of the left side of the victim’s face. However, the victim knife the above excessive knife by hand.

After escape, the victim suffered from an emergency treatment at the Seopopopo Medical Center, but did not commit an attempted crime, even though the victim suffered from an injury, such as avoiding credit, which requires about four weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and D;

1. Each situation report and each investigation report;

1. A written diagnosis of injury;

1. Application of each statute on photographs;

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. The scope of applicable sentences: Imprisonment for a period of two years and six months to fifteen years;

2. Application of the sentencing criteria [Determination of type] 2 (Special homicide) from among murder, the intention of dolusent murder, the injury (general mitigation factors) serious (general mitigation factors) caused by a victim [the scope of recommending punishment] mitigated area, imprisonment with prison labor for a period of two years and six months to eight years (in a case of attempted crimes, the lower limit of sentence shall be 1/3, and the lower limit of sentence shall be set at the lower limit of applicable sentences in law, after reducing the upper limit to 2/3).

3. Determination of sentence: The circumstances favorable to imprisonment for three years: the crimes in this case are reflected and the crimes are divided; and

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