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(영문) 창원지방법원 마산지원 2017.05.12 2017고합5
살인미수
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

피고인은 평소 손 윗동 서인 피해자 D( 여, 59세) 등 시댁 식구들이 피고 인과 피고인의 남편인 E의 관계를 이간질시킨다고 생각하던 중 2016. 12. 경 피해자 D 등 시댁 식구들에게 경제적 도움을 요청하였으나 거절당하고, 2017. 1. 7. 저녁 무렵 위 E으로부터 “ 조카( 피해자의 딸 F) 말이 숙모( 피고인) 가 집에 찾아와서 왕처럼 굴면서 돈을 달라고 했다” 는 말을 전해 들었다.

around 07:00 on January 8, 2017, the Defendant: (a) calls from the said F in Changwon-si G Apartment-gu, Changwon-si, Changwon-si, the Defendant’s residence; and (b) whether the F did not demand money from the said F in return for finding the mother at home.

“” upon hearing a horse, the mother of the F, who is the mother of the F, will die.

The defendant's residence was found in his residence with a knife (a total length of approximately 21 cm, approximately 11 cm) under the Defendant's dwelling, and a knife was found in the victim's dwelling.

Around 09:40 on January 8, 2017, the Defendant entered the victim’s home room in Changwon-si, Changwon-si, Changwon-si, Simpo-si, with the victim’s “Is this death and improvement of the victim’s home room”, and the victim’s husband I heard the victim’s left shoulder part once with the victim’s knife, but did not commit an attempted crime, because the victim’s husband I saw the victim’s knife with the above knife and knife knife knife knife knife knife knife knife knife knife knife knife knife.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the police with respect to F;

1. Written opinion of intention with respect to the victim A;

1. Written replys to requests for appraisal, and written confirmation for release from confinement;

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

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. The Criminal Act, the suspension of execution;

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