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(영문) 부산지방법원 2020.04.17 2019고합569
살인미수
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Since November 3, 2019, when the Defendant repeatedly listens to the knife called knife from among the employees of the Association B from November 3, 2019, he/she tried to kill the employees of the Association B, and had the ability to discern things or make decisions due to mental disorder around 10:40 on November 4, 2019, he/she tried to keep the victim's knife and knife a knife (the length: 30cm, the knife length: 20cm) which was in the Defendant's house kitchen, in the form of a black-style knife, and found the same knife at the office of the Busan, Busan, Jin-gu, and 5th, and tried to wear the victim's knife on the knife with his/her face without any reason, and tried to kill the victim's knife with the Association.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Records of seizure and the list of seizure;

1. On-site photographs;

1. Investigation report (Attachment, such as a written diagnosis of a suspect), investigation report (Attachment to a written diagnosis of a victim);

1. Application of Acts and subordinate statutes as a result of a request for mental appraisal of a public medical treatment and custody center;

1. Article 254 of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the applicable criminal facts, the choice of limited imprisonment;

1. Articles 10 (2) and (1) and 55 (1) 3 of the Criminal Act, which are legally mitigated;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 62-2 of the Criminal Act, and Article 44-2 (1) of the Medical Treatment and Custody Act;

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to fifteen years;

2. The scope of recommendations according to the sentencing guidelines [the determination of types] homicide [the Class 2] ordinary motive, murder [the elements of mitigation]: Maternity (the person who is a special person) and mental health (the person shall not be responsible in person].

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