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(영문) 인천지방법원 2013.04.17 2013고합110
살인미수
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On October 5, 2012, at around 11:50, the Defendant tried to kill the victim in the way of mental disorder caused by alcohol ozone, alcohol c building 202 in Namdong-gu Incheon Metropolitan City, and lack the ability to discern things or make decisions. The Defendant found the kitchen knife (28cm in total length, 16cm in knife length) and then found the victim D (52 years in knife, 52 years in knife), and without any particular reason, tried to kill the victim out of the building, with the victim’s head knife with the wall. However, the Defendant tried to kill the victim in the above kitchen knife and knife the victim’s clothes, etc., but the victim was separated in the process of taking the Defendant’s hand, and the victim did not take away from the floor and did not take out of the building.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Protocols of seizure and list of seizure (Evidence Nos. 16, 17);

1. Application of Acts and subordinate statutes notifying the results of mental appraisal;

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

1. Article 10 (2) and (1), Article 25 (2), and Article 55 (1) 3 of the Criminal Act (a person with a mental disability and a person who has attempted to be a person with a mental disability shall be repeatedly mitigated);

1. Article 62 (1) of the Criminal Act;

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

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

1. The scope of applicable sentences: One year and three months from March to seven years;

2. Scope of recommendation: The scope of recommendation shall be revised by taking into account the lowest limit of the recommendation sentence, 1/3, and 2/3, the minimum limit of the recommendation sentence, 2/3, and the minimum limit of the punishment sentence to be mitigated, in cases of murder, crime group, special form of person who commits murder, and person who commits a second-class ordinary motive: In cases of determining the area of recommendation for mental illness: In cases of minor injuries, non-influence of punishment, and non-influence of

3. Whether to suspend the execution;

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