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Reasons
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(영문) 대전지방법원 홍성지원 2015.07.16 2015고합45
살인미수
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A defendant shall be punished by imprisonment for two years.

A seized spoch-knife (No. 1) shall be confiscated.

Reasons

Punishment of the crime

At around 11:35 on May 21, 2015, the Defendant got from the victim E (the age of 46) on the front side of the ‘D', which is located in Boli-si C, in order to kill the victim with a knife and a different knife.

At around 12:05 on the same day, the Defendant: (a) concealed the knife (28cc in knife length, 13cc in knife) purchased from nearby “H” on the front side of “G cafeteria” in Boen-si, Boen-si; (b) discovered the victim while leaving the victim; (c) concealed the knife on the left hand, and concealed the knife into the body, so that the victim is unfolded so far as the knife knife knife knife knife knife knife knife knife knife knife knife knif

As above, the Defendant attempted to murder the victim, but the knife victim did not have the intention to escape from the wind, but did not commit the attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to I, J, K, and E;

1. Seizure records;

1. Investigation reports, investigation reports (on-site photographs, CCTV images), and investigation reports;

1. Application of Acts and subordinate statutes to criminal tools photographs, photographs, and written diagnosis of injury;

1. Articles 254 and 250 (1) of the Criminal Act applicable to the crimes;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for one year and three months; seven years and six months;

2. Application of the sentencing criteria [Determination of types] homicideing a crime, Type 2 (Special homicide): Reduction factors: Victims, serious injury [the scope of the recommendation field and recommendation range] basic field, three years and April - Ten years and eight months [the lowest limit of imprisonment (10 years - 16 years)] shall be reduced to 1/3, and the upper limit shall be 2/3]; and the upper limit shall be reduced to 2/3];

3. Sentence;

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