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(영문) 서울북부지방법원 2016.02.19 2015고합430
살인미수
Text

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

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 5, 2015, at around 08:00, the Defendant discovered that the victim E (V, 36 years of age) who is the wife at the Defendant’s house of Dobong-gu Seoul Metropolitan Government and 502 was drinking and drinking alcohol to the inside of the house, the Defendant tried to kill the other victim who was stringly string out of the house, and when the victim’s hand can spack the victim’s hand with the hand hand, then the Defendant spacked the victim’s spack. The Defendant spacked the victim’s spack by "the spack kack kack kack kack kack kack kack kack kack knick kk, and the victim tried to kill the victim by making use of the computer flick line on which the victim was shouldered in the ward.

However, the victim attempted to kill the victim but attempted to commit the crime by voluntarily stopping the crime while the victim was living.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Each report on investigation;

1. A protocol of seizure and a list of seizure;

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 selection of criminal facts;

1. Article 26 and Article 55 (1) 3 of the Criminal Act to mitigate attempted suspension;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of punishment by law: Imprisonment with prison labor for not less than two years and not more than six months but not more than 15 years;

2. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended punishment] the scope of the recommendation [the scope of the punishment] stipulated in the sentencing guidelines, and the area of the special mitigation (one year to two years) (one year and two months to eight years) (the special mitigation person], and the intentional murder, minor bodily injury, and non-legal penalty;

3. The crime of this case, which was determined to be sentenced, was committed by the Defendant, to murder the victim’s neck, which is the wife, and the punishment for the crime is not against the law.

However, the defendant has a deep depth of his mistake as a primary offender, and the crime of this case has been caused by the victim, and is extremely contingent.

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