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(영문) 부산지방법원 2014.03.28 2013고합642
살인미수등
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

1. On August 18, 2013, the injured Defendant: (a) around 03:30 on August 18, 2013, when the victim E (the 55-year old), a female living together, who was drunk in the front of D, located in Seo-gu, Busan, was able to change the key of the house; (b) when the Defendant was shaken the Defendant, and the victim’s face, side, etc. were boomed by drinking and booming the Defendant, and the victim’s face, side, etc. were boomed to the victim, thereby causing the victim’s injury that could not know the number of days of treatment.

2. The Defendant did not obtain a sentence from the Victim F (M, 47 years of age) for about 8 years of living together with the above E, and rather did not dispute with E or neglect his/her happiness for the reason that he/she did not cause a neglect from the Victim F (M, 47 years of age). As such, the Defendant had a malicious sentiment against the Victim.

On August 18, 2013, at around 15:55, the Defendant had a verbal dispute with the victim on the street in front of the “H restaurant” operated in the Seo-gu Busan, Seo-gu, Busan, with the horses, and had the victim heard the desire to kill the victim, and the Defendant did not participate in the marc (29.5cm in total length, 17.5cm in knife length, 17.5cm in knife length) with the food blade (29.5cm in knife length, knife length) in front of the “H restaurant” operated in the Seo-gu, Busan. However, the Defendant did not have attempted to kill the victim, but did not have committed any attempted murder, such as an external snife, fladying, etc., in which approximately 12 weeks of treatment of the victim.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. The statements of witnesses F and I in the second protocol of the trial;

1. Statement made by witnesses E in the third protocol of the trial;

1. Each investigation report (the sequence 1, 4, 11 of the evidence list);

1. On-site photographs, etc. (Nos. 6 of evidence list), photographs (Evidence Nos. 7);

1. Application of the legislation to a written opinion and a reply to a request for photographing the upper part (Evidence No. 15)

1. Article 257(1) of the Criminal Act (the point of injury and the choice of imprisonment) and Articles 254 and 250 of the Criminal Act concerning the crime;

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