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(영문) 울산지방법원 2015.11.06 2015고합256
살인미수
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On August 3, 2015, the defendant and the victim D(n, 43 years of age) are married couple, and they are currently in the period of being familiar with the agreement.

At around 16:40 on August 5, 2015, the Defendant: (a) taken a knife knife (33cm in total length, 21.5cm in knife length) that was prepared in advance to kill the victim, and knife the victim with a knife with a knife in F knife, the victim was in a relationship with another male; (b) on the ground that the victim demanded the divorce by having the victim live together with another male; and (c) the victim was in a knife and prepared in advance to kill the victim; and (d) the victim tried to kill the victim with a knife, but the victim escaped and attempted to kill the victim with a knife, but the victim did so with a knife knife in detail, which requires approximately three weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning G and D;

1. Records of seizure and the list of seizure;

1. A medical certificate, a designated hospital source medical certificate, and a medical certificate;

1. The actual condition survey report;

1. Response to the request for appraisal;

1. Photographss of the parts of the damaged part, photographs of the damaged part, and photographs of the actual condition of each on-site survey;

1. Investigation report (investigation of the statement of the doctor in charge of the victim's body D's body, accompanied by a victim D's body depth, medical certificate);

1. Application of the existing Acts and subordinate statutes of one blade (No. 1) seized;

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

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. Aggravation of Category II (Special homicide): The factors to mitigate the crime of murder in accordance with the sentencing guidelines: To recover damage from sources of punishment in cases of attempted murder.

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