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(영문) 부산지방법원 2015.03.27 2014고합877
살인미수
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On August 17, 2014, around 22:06, the Defendant: (a) reported that E and F, a member of the second floor of “D Inn's accommodation,” where the Defendant, in Seo-gu, Busan, was silentd, had a dispute with E and E, a member of the joint Myeon of the second floor of “D Inn's accommodation,” had been able to do so.

At this time, the victim G (ma, 47 years old) who had been silentd in 305 at the above 305, appears, and the defendant was sprinked by E by combining it with E, and he saw the defendant's breath, cut off the breath to the floor, and then cut to the victim's room.

On the other hand, the defendant was found to have a knife knife (25cm in total length, 15cm in total length) used by the defendant in the above knife 203, the defendant was found to have a knife knife and 305cm in the above knife, and found the victim who was knife a knife in the above knife, and knife with the left hand so that the knife part of the above knife knife knife knife knife knife knife knife knifes

Although the Defendant tried to kill the victim with a knife, the Defendant did not commit an attempted crime with a knife knife (presumed about 5 cm in length, about 7-8 cm in depth) that requires approximately two weeks of treatment on the wind of the Defendant who knife and resist the knife.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Legal statement of witness G;

1. Each police statement made to G, H and F;

1. A written diagnosis of injury;

1. Application of statutes on site photographs;

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

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter “reasons for discretionary mitigation”)

1. Scope of applicable sentences under Acts: Imprisonment for one year and three months to seven years; and

2. The scope of recommendations according to the sentencing criteria (determination of types), murder crime group, and second category (ordinary motive murder).

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