logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.09.07 2016고합297
살인미수
Text

A defendant shall be punished by imprisonment for five years.

One electric shock machine (No. 1) from the defendant, and one thrown on an emergency warning line.

Reasons

(b) On-site identification photographs of the F Statement of the Police, and each victim’s photograph;

1. Application of Acts and subordinate statutes to each protocol of seizure and each protocol of seizure;

1. Relevant Articles of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the facts constituting an offense;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act from among concurrent crimes [Aggravation of concurrent crimes with respect to murdering and attempted murdering crimes against Victims C with more serious circumstances];

1. For the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, the crime of this case is very poor in light of the fact that the Defendant, in mind of murdering the victim C, string the body of the victim F with electric shock machines, and followed F’s non-name, attempted to kill the victims and attempted to murder the victim, and the crime appears to be a planned crime, such as manufacturing and preparing electric shock machines in advance for committing the crime.

In addition, considering the fact that the victims suffered injuries due to the crime of this case and there was no agreement with the victims or any action to recover damage, it is inevitable to strictly punish the defendants even if considering the motive for the crime claimed by the defendants.

However, all of the crimes of this case are recognized and against each of the crimes of this case, the fact that the defendant has no record of committing a crime in Korea, the fact that the defendant has an old age is considered in favor of the defendant, and other various sentencing conditions, such as the background and method of the crime, the circumstances after the crime, the defendant's environment, and the scope of recommended sentences of the Supreme Court in the sentencing guidelines of the first and second crimes: homicide in the area of aggravation (for a person under special circumstances, planned murder), in the area of aggravation (for a person under special circumstances), in the five to twenty years of imprisonment (for a crime of attempted crime, the lower limit of the recommended sentence shall be reduced to 1/3, and the upper limit shall be reduced to 2/3) * The final sentencing range in accordance with the guidelines for processing multiple crimes: 5 to 20 years, and the sentence shall be determined as per the order.

arrow