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(영문) 부산지방법원 서부지원 2017.12.14 2017고합123
살인미수
Text

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

excessive one percent (No. 1) seized shall be confiscated.

Reasons

Punishment of the crime

At around 00:50 on September 15, 2017, the Defendant, while drinking alcohol at the Defendant’s house located in Busan Shodong-gu C, had a knife dispute with the Defendant’s mother on his or her ability to work, and had the face of the Defendant’s mother on his or her hand, knife his or her own knife (24 cm in total length, 12.5 cm in length) and knife his or her knife in his or her house on his or her knife to murder a person who flife out of the house.

On September 15, 2017, at around 02:33, the Defendant discovered the victim E (57 years old and South) who was seated on the top of the coffee in front of the D shopping mall in Busan, the Defendant: (a) laid a knife the knife in front of the D shopping mall; (b) laid the knife in front of the knife, knife the knife, knife the victim’s face; and (c) knife the knife, knife the knife of the victim, knife the victim’s arms toward the knife of the knife; and (d) tried to kill the victim while continuing to drive the knife the victim, but the victim did not come to an attempt to report it to 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A seizure list;

1. 112 A list of reported handling;

1. A written diagnosis of injury;

1. A report on investigation (on-site mobilization, removal of seized articles, etc.);

1. Application of Acts and subordinate statutes to report internal investigation (referring to reports on suspected speech and behavior and internal investigation);

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. Article 25 (2) and Article 55 (1) 3 of the Criminal Act, which is statutory mitigation;

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

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. Scope of the recommended punishment on the sentencing criteria [the types] 3 types of murder [the scope of the recommended punishment] (the determination of the territory of recommendation, the scope of the recommended punishment] basic area, 5 years to 13 months (the lowest limit is 1/3, and the upper limit is 2/3 each reduced).

3. The crime of this case with sentence sentenced shall be the knife, which is a deadly weapon.

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