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(영문) 부산지방법원 2016.11.25 2016고합540
살인미수등
Text

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

Reasons

Criminal facts

On July 27, 2016, at around 21:55, the Defendant was at the residence of the victim (Y, 50 years of age) in the north-gu Busan metropolitan area. On the same day, in the vicinity of D market, the Defendant was able to see that the Defendant her mother was living in the house where her mother was living in the vicinity while she was under the influence of Mauriting at least three times a week in the vicinity of D market, and her memory was directed to murder the her woman without any justifiable reason.

The Defendant, through open gate of a house, saw a long line (or 4m 80cm in length, 4m 80cm in length, 80cm in length, 1) as her hand and tried to kill the victim by continuing to commit the crime by reporting the victim’s face on light and stopping the act of killing the victim’s her own hand, while the Defendant opened the door to her house, and continued to intrude the victim’s her house two times with a long line of time, and continued to cut back the victim’s her name two times in her own hand, and her her arm’s length with a long line of time. However, the Defendant attempted to kill the victim by continuing to kill the victim by taking the victim’s her neck by hand and leading the victim as a measure. However, the Defendant attempted to murder the victim by reporting the victim’s face to the her son, who was her own hand, and attempted to commit the crime by killing the victim’s her own hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police;

1. Each photograph;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to each investigation report and accompanying documents (referred to 5, 6, 9, 10, 12, 18 of the evidence list);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 254, 250 (1) (the attempted crime, the choice of limited imprisonment, the choice of limited imprisonment), and 319 (1) (the occupation of residence and the choice of imprisonment) of the Criminal Act;

1. Articles 26 and 55(1)3 of the Criminal Act (with respect to a crime of attempted suspension or attempted murder) of the Criminal Act mitigated legally;

1. Of concurrent crimes, punishment under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act is added.

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