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(영문) 인천지방법원 2012.12.20 2012고합1130
살인미수
Text

The punishment of the accused shall be four years of imprisonment.

Seized knife shall be confiscated.

A request for the attachment order of this case.

Reasons

Punishment of the crime

On January 12, 2012, the Defendant was sentenced to a suspended sentence of two years for one year by imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapon, etc.) at the Seoul Northern District Court on January 12, 201, and the said judgment became final and conclusive on January 20, 2012, during the suspended sentence

The Defendant, while performing waterproof construction of a charnel built by the victim C(62 years of age), failed to receive approximately KRW 50 million of the construction cost from the victim, and the Defendant, together with other subcontractors who did not receive the construction cost, did not receive the construction cost, received the construction cost.

At around 17:00 on September 24, 2012, the Defendant and D, E, and F demanded the victim who had returned home on the street before the IS conference to sign on the certificate of direct payment of construction cost. The Defendant and D, E, and F demanded the victim to sign on the “H restaurant” located in the Gtel near the Nam-gu Incheon Metropolitan City Gtel located in the residence of the victim.

However, the victim said, at the end of the ditch, that "the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife."

The victim knife the knife and knife the knife, the defendant tried to kill the knife and the knife part of the victim who knife on the floor of the knife and the knife once, but did not achieve that intention.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Relevant Articles of the Criminal Act and the choice of punishment for the crimes: Articles 254 and 250 (1) of the Criminal Act;

1. Mitigation and mitigation: Articles 25 (2) and 55 (1) 3 of the Criminal Act;

1. Confiscation: Reasons for sentencing under Article 48(1)1 of the Criminal Act [the scope of sentence of punishment and recommendation] homicides (Attempted homicides) 2. Basic area [Special Convicts] mitigation elements: serious injury [the scope of sentence of recommendation] 3 to 8 years.

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