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(영문) 부산지방법원 2014.05.23 2014고합134
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

At around 00:10 on February 23, 2014, the Defendant: (a) sought sexual intercourse from the Defendant’s house located in Geum-gu, Busan, to the Defendant’s wife, who was under the influence of alcohol, and (b) took the Defendant’s body above the victim’s body, but the Defendant refused sexual intercourse, and (c) refused sexual intercourse, and (d) was frightened to the Defendant’s body, such as “nicking, snicking, unsnicking, snicking,” and “nicking, snicking, snicking, etc.,.,” while continuing cruel theory, the Defendant was able to kill the victim in a timely fashion.

Accordingly, the Defendant made the victim’s speech that “I will use the frying of money, what the frys would be, what the fry would be fry, what would be fry, what would be fry, what would be fry, and what would be fry.C. f. f. f. c. c. c.).” At the same time, the kitchen f.m. (18cc in length, about the f. c. f. c. c. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f.).”

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Recording recording recording and reporting;

1. Records of seizure and the list of seizure;

1. Investigation report (No. 49 No. 5 of the evidence list);

1. Transcriptics No. 15 (No. 15);

1. Application of Acts and subordinate statutes to photographs (No. 51 No. 51 of the evidence list) on the part of the victim;

1. Relevant Article of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the choice of punishment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Confiscation.

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