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(영문) 의정부지방법원 2017.01.19 2016고합347
살인미수
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The defendant, while residing in the house of the victim C(23) who was sentenced to punishment, frequently listened to the brusium and was assaulted on the ground that he was living in the house of the victim C(23) and was living in the house and was living in the house of ordinary peace victims.

On July 25, 2016, at around 08:55, the Defendant tried to kill the victim at a time, and tried to kill the victim's left part of the kitchen located in the kitchen (the total length of 31cc and 20cm) in a kitchen, which had been living in the inside of the kitchen. On July 25, 2016, the Defendant tried to kill the victim with the victim's knife knife with the knife and the same part with the left part, but the victim knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif, against the victim's attempted to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each internal investigation report and each investigation report;

1. Protocols of seizure;

1. Statement of opinion;

1. Criminal tools photographs, field photographs, and knife photographs;

1. The defendant and his defense counsel asserts to the effect that the defendant was physically and mentally disabled at the time of committing the instant crime. One (31cm) of the seized food blade (31cm) (No. 1) is existing.

However, in light of the circumstances leading up to the crime, the means and methods of the crime, the defendant's act committed before and after the crime, the defendant's statement made immediately after the crime of this case, etc., which can be recognized by the court by comprehensively taking into account the evidence duly adopted and examined, the defendant did not have or weak the ability to discern things due to mental or physical disorder at the time

subsection (b) of this section.

Therefore, the above argument by the defendant and his defense counsel is without merit.

1. Relevant Articles of the Criminal Act and Articles 254 and 250 of the Criminal Act concerning criminal facts.

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