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(영문) 의정부지방법원 고양지원 2015.10.16 2015고합111
살인미수
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning C and D;

1. Prosecution investigation report (as to the purchase ofCCTV and articles):

1. Police investigation report (with respect to suspect and victim's damaged photographs, victim's damaged pictures, written records of Handphones, presentation of victim's diagnosis reports, and victim's hand photographs);

1. The application of seizure records 1, each message content, each diagnosis document, and each photographic statute;

1. Relevant Article of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the choice of punishment;

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

1. Article 62 (1) of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Reasons for sentencing (the applicant has filed an application for compensation after the closure of pleadings) under Articles 32 (1) 1 and (2), and 26 (1) of the Act on Special Cases concerning the Dismissal of Application for Compensation Order and the Promotion of Lawsuit, etc.;

1. Scope of the recommended punishment according to the sentencing criteria (the determination of a sentence), types 2 (Special homicide): Reduction element of the punishment [the scope of the recommended sentence] mitigated range of punishment [the scope of the recommended sentence] [the scope of the mitigated sentence] between April and 8 years (the minimum limit of the sentence shall be reduced to 1/3, and the upper limit shall be reduced to 2/3 respectively);

2. Determination of sentence: The crimes of homicide with a stay of execution of three years are serious crimes which infringe upon human dignity, and the attempts of such crimes shall be punished solemnly;

Due to the crime of this case, the victim could lose his life if he did so, and he suffered a large amount of mental and physical shock and suffering.

However, various circumstances recorded in the records of this case, such as the fact that the defendant was the first offender and relatively old, the confession of the crime and the violation of his mistake, the fact that the crime was committed in the past, the fact that the victim does not want the punishment of the defendant under an agreement with the victim, and the character, conduct, environment, family relationship, circumstances after the crime, and circumstances after the crime.

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