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(영문) 의정부지방법원 고양지원 2018.05.01 2018고합1
살인미수
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a victim D(43) and a middle school dongs with a middle school dongs.

On December 23, 2017, from around 18:00 to 23:00 on December 23, 2017 to around 23:0, the Defendant had been abusedd by the victim, including the victim, in the alcohol house called “F” near Jongno-gu Seoul E Station.

For the foregoing reasons, the Defendant laid knife a knife (No. 2, total length of 33 cm, 22 cm) that was parked in the Defendant’s spoking car located in the Gangnam-gu Seoul apartment parking lot located in his residence, Gangnam-gu Seoul apartment parking lot, Seoul, and moved a taxi to “I convenience store” located in the Seo-gu, Seoyang-gu, Seoyang-gu, Seoul, a neighboring residence of the victim from around 01:24 on December 24, 2017 to around 02:0, the Defendant tried to kill the victim at the same knife at that place, and tried to kill the victim at the same knife on one occasion, but failed to achieve that intent.

Summary of Evidence

1. Statement by the defendant in court;

1. D Legal statements;

1. Statement made by the police against D;

1. On-site photographs and blade photographs;

1. Investigation report (to reply to a gene assessment report from the Seoul Scientific and Investigation Research Institute) and response to a request for appraisal attached thereto;

1. Application of one existing statute of the frequency of seizure (22 cm in length)

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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. The scope of punishment: Imprisonment for not less than two years and not more than 6 months but not more than 15 years;

2. The scope of the recommended punishment according to the sentencing guidelines [the type of determination] and the scope of the recommended punishment [the person subject to special sentencing] [the scope of the recommended punishment] shall be sentenced to imprisonment for not less than two years and six months (the scope of the recommended punishment] and imprisonment for not more than eight years and six months (the lowest limit of the recommended punishment for the person subject to mitigation as an attempted murder) shall be 1/3 and the upper limit shall be 2.

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