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(영문) 서울동부지방법원 2013.07.26 2013고합147
살인미수등
Text

A defendant shall be punished by imprisonment for two years.

One (No. 1) (No. 35 cm in length, 8 cm in day) seized fingers shall be confiscated.

Reasons

Punishment of the crime

1. Around 11:09 on May 17, 2013, the Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) carried a D5 tons truck on the front side of Gangdong-gu Seoul, Gangdong-gu, Seoul and waiting to enter the runway to the right side of the right side of the right side of the right side of the right side of the right side of the road, and the victim G (the age of 47) who was driving a F1 ton truck and attempted to enter the said runway to the right side of the right side of the right side of the right side of the right side of the right side of the right side of the victim demanded the Defendant to have the truck deducted.

Therefore, the victim, who gets off the vehicle from the vehicle of the defendant, tried to kill the victim in a timely manner, depending on why the victim gets out of the vehicle of the defendant's driver's seat and why she would be able to do so, and she was in custody on the side of the flat driver's seat ( approximately 35 cm in length, about 8 cm in daily length) and left the part of the victim's clean interest once, but the victim got off the part of the victim's clean interest at one time, but the victim suffered injury, such as the mouth of the two rings that require about four weeks of treatment to the victim, and the victim suffered from the victim's injury.

As above, the Defendant attempted to kill the victim and attempted to do so.

2. Violation of the Road Traffic Act (unlicensed Driving) was driven by the Defendant from a road without obtaining a driver’s license, on which it is difficult to know whether the said temporary border is protruding-dong, at least 300 meters away from the road to the front road of Gangdong-gu Seoul Metropolitan Government.

Summary of Evidence

1. Partial statement of the defendant;

1. The prosecutor's statement concerning G;

1. The police statement of H;

1. Records of seizure, list of seizure, photographs, and results of the receipt of reports;

1. The register of driver's licenses and temporary driver's licenses;

1. Application of Acts and subordinate statutes to investigation reports and injury diagnosis reports;

1. Relevant Article of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act (the points of attempted murder, the choice of limited imprisonment), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act (the point of driving without a license and the choice of imprisonment);

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;

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