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(영문) 광주지방법원 2013.10.23 2013고합353
살인미수
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Criminal facts

On December 25, 2012, the Defendant, at around 23:00, talked with the victim D (year 44) who was a part of society, and talked with the issue of debt repayment by telephone, had the victim listen to anti-end and abusive language, which is an object dangerous to the banks for mountain use, prepared for a single-name clocker knife (blade length: 6:7Cm) which is an object dangerous to the banks for mountain use, and laid the victim into the vicinity of the F Park Information Center in Seo-gu, Gwangju.

On December 25, 2012, at around 23:50 on December 25, 2012, the Defendant: (a) taken the victim’s desire to talk or the victim; (b) taken out the beer knick knife that was prepared in advance; and (c) tried to set up three parts of the victim’s left buckbucks; and (d) attempted to set up the part of the ship, but the victim did not stop with the knife with his hand, and caused the victim’s injury, such as the left knife knife and the knife knife, which requires six weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Report on investigation (Attachment of photographs of the same kind as the knife used for committing the crime), photographs of beer blades;

1. On-site photographs, etc. and photographs showing the damaged parts of the victim;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (D);

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order;

1. Extent of the recommended sentence according to the sentencing guidelines (decision of types of punishment), violent crimes, habitual injury, repeated injury, special injury, and Type 1 (Special Injury resulting from Habitual Injury) (Special Bodily Injury resulting from Habitual Injury): The factors to mitigate the motive for committing a crime: The basic area of the penalty (the scope of the recommended sentence), two years to four years;

2. The defendant who has committed the crime of this case during the period of probation, the defendant has committed several violent crimes, the victim does not want the punishment, and the defendant has committed his mistake.

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