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(영문) 대구지방법원 서부지원 2014.07.10 2014고합71
살인미수
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The defendant is a Vietnamese national who entered the Republic of Korea through the Incheon Airport on February 1, 2007 and was permitted to stay until January 21, 2010, and is currently illegal aliens.

Around December 2013, the Defendant was assaulted by the victim C (the 32 years of age, Vietnamese nationality) on the ground that the Defendant did not repay the money borrowed from the victim C (the 32 years of age, Vietnam nationality).

On May 19, 2014, around 00:30 on May 19, 2014, the Defendant: (a) visited the victim at the “E” singing room located in Daegu Seo-gu, Daegu-gu, to find the Defendant and assault before, talked with the fact that the victim discovered the Defendant, and assaulted the Defendant before, to murder the victim out of the singing room; (b) concealed the excess (15 centimeters in length of the knive day) in the singing room; and (c) concealed the victim into the back money, and led the victim.

At the entrance of the above singinging room, the Defendant, by withdrawing the excessive excess that the victim had been in possession of in advance at the back sing room, where the victim did so well and talk, she attempted to kill the victim once again by singing the victim's left side, so far as it is difficult to see the victim's left side side, and she attempted to kill the victim once knife knife and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. The police statement of G and H;

1. A medical certificate;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

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

1. Determination on the assertion of the defendant and his/her defense counsel as to the grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the following grounds for sentencing)

1. The Defendant’s intent to defend against the victim due to his/her assault and memory before the victim’s verbal or marital conflict with the victim.

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