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(영문) 청주지방법원 2014.06.19 2014고합29
살인미수
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

The defendant, who was the spouse before the divorce, refused to agree with the defendant while refusing to meet with the defendant, and had the victim misleads that he would dissipate with others to kill the victim.

On January 27, 2014, at around 08:10, the Defendant: (a) sounded the victim who opened and emitted from the entrances of the victim’s residence E-△△ OOO located in Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu; (b) opened the victim into the house, and opened the victim into the house, and then opened the victim’s name on the body.

Then, the defendant set up the part of the victim's dispatch and the side gate part of the victim several times in excess of the victim's possession in advance (15 cm in length) by the sounder's hand, "Doming and Doming", and made several parts such as the victim's etc. who moved his body due to its shock and buckbucks.

As a result, the defendant tried to kill the victim, but the victim was escorted to the hospital due to the witness's report and received treatment, and the victim did not go through the victim's bodily injury, such as dynasium, on the surface of the earth in need of at least six weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The application of an investigation report (reporting F, hearing of statements by victim D phone), facsimile (D medical record paper, ERV records, records of release on entry and discharge, and blood coloring records), reports on the occurrence of each attempted murder, photographs, and medical certificate, and the application of statutes;

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

1. Reasons for sentencing under Articles 25(2) and 55(1)3 of the Criminal Act for mitigation of attempted punishment;

1. The scope of applicable sentences: Imprisonment for a period of two years and six months to fifteen years;

2. Scope of recommendations according to the sentencing criteria: Imprisonment with prison labor for a year and two months from February to eight years (decision of type), murder (special sponse) and general motive for murder (special sponse) (special sponse): A planned mitigation factor of murder: A self-denunciation, a person not subject to punishment, and a person subject to punishment.

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