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(영문) 수원지방법원 평택지원 2017.01.23 2016고합141
살인미수
Text

A defendant shall be punished by imprisonment for five years.

Seized evidence 1 to 3 shall be confiscated from the accused.

Reasons

Punishment of the crime

The defendant is a worker in daily employment.

On November 2, 2016, the Defendant thought that the victim E (60 cm) (60 cm) who operated D at the D office located in Pyeongtaek-si, would be about to injure himself, and had the victim purchased in advance (20 cm in total length, 30 cm in total length, 20 cm in total, 20 cm in total) and the kitchen knife (20 cm in total). After entering the above office, the Defendant took a part of the victim, such as the victim, etc., and continuously flicked the part of the victim, and flicked the victim from the neighboring people, and tried to kill the victim several times, and opened the kitchen knife the victim's face and face.

Accordingly, the defendant attempted to kill the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to E and F;

1. A death diagnosis report or investigation report (a report on the attachment of CCTV images installed D);

1. Application of seizure records and statutes concerning the list of seizure;

1. Relevant Article of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the selection of criminal facts;

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 not less than five years nor more than thirty years;

2. Scope of recommendation according to the sentencing guidelines [the scope of punishment [the types of determination] murder, homicides (ordinary motive homicides) [the territory of recommendation and the scope of punishment], the basic area of punishment, 3 years and April to 10 years and August (no crime is committed, the lowest limit of punishment shall be reduced to 2/3).

3. Determination of sentence: The fact that the defendant, five years of imprisonment, recognized his mistake, and that the defendant has no previous conviction within the last ten years is favorable.

However, the crime of this case is limited to the victim's display of deadly weapons on several occasions for the reason that it is impossible to understand, and the victim's injury is also limited.

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