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Reasons
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(영문) 대전지방법원 논산지원 2018.01.24 2017고합72
살인미수
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A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The defendant and the victim C(n, 36 years of age) are marital relationships.

The defendant had shown the attitude of disregarding the family members of the ordinary victim, and had a good appraisal about them.

On November 23, 2017, the Defendant, around 22:00, referred the victim’s family members to be the side of the Dong-gu and Dong Seo-gu Daejeon, Daejeon, and Dcocoon driven by the victim, also affixed a mountain blade (34 cm in total length, 23 cm in length) for the use of a mountain (34 cm in total length, 23 cm in length) that had been previously possessed between the driver’s seat and the chief of the steering line of the CA car and caused the victim’s family members to go to the vicinity E at the time of Seosan.

The defendant mentioned again in the vehicle that the victim's family members are gathered in the victim's family, and the victim "I will have become the victim."

The part below the victim's right chest reaches knife, but the victim's emergency call-up and emergency operation was performed by the defendant's 119 first-aid service personnel upon the defendant's report, thereby causing injury to the victim, such as a fiffed part of the body part(s) of the body part(s) in need of approximately six weeks of treatment to the victim, accompanied by the victim's fiff's body part(s) in need of approximately six weeks of treatment.

Accordingly, the defendant tried to kill the victim, but did not commit it but did not commit an attempted crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes to certificates of diagnosis, medical records and certificates;

1. Relevant Article 254 of the Criminal Act, Articles 250 (1) and 250 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Confiscation Article 48 of the Criminal Act.

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