(영문) 의정부지방법원 고양지원 2018.10.05 2018고합105

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 고양지원 2018.10.05 2018고합105

살인미수

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

At around 13:30 on April 18, 2018, the Defendant continued to engage in verbal abuse, such as “F (37 years of age)” against E in spite of the Defendant’s detention at the house located in Il-dong building D, U.S., U.S., Dong-gu, U.S.A., where the Defendant 13:30 on March 18, 2018, while drinking the victim F (37 years of age) and drinking the victim, and the victim, despite the Defendant’s detention, continued to walk the face by drinking the victim on three occasions with his/her own mind, and continued to walk the face once by drinking the victim, the Defendant was able to kill the victim while under the influence of alcohol.

The defendant takes out the knive knife (24.5cm in total, 12.8cm in length on the day) of the two knife in which the defendant is placed in the clothes, and the knife “hacks, dead, discarded knife”

"......." The knife knife knife knife knife knife knife knife knife knife knife knife, the knife knife knife knife knife knif

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Each police statement made to F and E;

1. Application of each protocol of seizure and each list of seizure to statutes;

1. Relevant Article of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the selection of criminal facts;

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. Determination as to the defendant and his/her defense counsel's assertion under Article 48 (1) 1 of the Criminal Act

1. The gist of the argument argues that since the defendant voluntarily ceased to commit the crime against the victim and even reported in 119, it constitutes an attempted suspension.

2. According to each evidence adopted and examined by this Court, the defendant did not leave the victim's chest and face while cutting the victim's chest and face by using a mountain knife knife, and the defendant took the left part of the back water, and the victim took a knife the knife with the wind suitable for the head of the knife.

참조조문

유사 판례

-대구지방법원 2013.05.02 2013고단41

-수원지방법원 2018.04.19 2018고합8

-서울중앙지방법원 2014.03.21 2013고합1045

-대전지방법원 2018.11.15 2018고단2990

-청주지방법원 2018.10.05 2018고단1644