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(영문) 울산지방법원 2016.09.09 2016고합228
존속살해예비등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

피고인은 2016. 6. 24. 12:30 경 울산 중구 C, 901호에서 술에 만취된 채, 약 30년 전에 아버지인 피해자 D(76 세) 가 피고인 명의를 빌려 구입한 땅을 팔아 아파트를 샀다는 이유로 피해자를 살해할 목적으로 자신이 평소 사용하던 식칼( 전체 길이 21cm, 칼날 길이 12cm) 을 들고 피해자를 찾아가 “ 씨 발 놈 아, 오늘 죽여 버리겠다.

Although the victim got out of her flag, the victim prepared murder due to the absence of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Seizure records;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Articles 255 and 250 (2) of the Criminal Act relating to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Protection and observation, community service and order to attend lectures under Article 62-2 of the Criminal Act;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 48(1)1 of the Criminal Act

1. The summary of the argument is that the defendant cited a knife as stated in the facts charged and found the victim's house before the victim's house, but it is not the purpose of killing the victim at the time.

2. The following circumstances acknowledged by the evidence duly adopted and investigated by this Court, namely, ① the Defendant was aware that the injured party caused the Defendant to have sold the real estate in the name of the Defendant to another person. Before about two weeks from the crime of this case, the Defendant committed an assault against the injured party for the same reason. ② The Defendant, while under the influence of alcohol on the day of this case, found the entire length of the day of this case 21cc and the knife length of the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif

(p).

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