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(영문) 대구지방법원 서부지원 2016.07.21 2016고합74
살인미수
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The Defendant was dissatisfied with the victim C (47 tax) in a de facto marital relationship with the victim, and the victim of ordinary children had an excessive physical contact by gathering D, who is his or her parent, and collected his or her mother's house in the vicinity whenever drinking is performed.

On April 19, 2016, the Defendant returned to the Defendant’s place of drinking house near the Defendant’s residence located in Daegu-gun E, with the victim’s friendship F and C returned to the Defendant. At the same time, the Defendant discovered the victim’s gambling without any other words, attempted to kill the victim. The Defendant she was able to detect the victim’s shooting without any other words, she was placed in the main machine with a deadly weapon located in the main kitchen (13.5cm length, 22cm length, 13.5cm length, 22cm length). The Defendant sought the said D’s house located in G.

At around 00:50 on April 20, 2016, the Defendant reported the victims who open the door to the front door, and reported the victims to the front door, attached twice the uniforms of the victims of the above over-road in possession, and the escape from the house two times the parts of the left shoulder and others depending on the victims.

Accordingly, the Defendant attempted to kill the victim as above, but the victim did not escape from the house by taking excessive scam and did not bring about such intent, and the victim did not commit an attempted crime, and only 1 cm in the length of the upper part requiring four weeks medical treatment, and 2 cm in the length of the lower part.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Photographs, treatment photographs, diagnostic reports, and reports on the results of field identification;

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 (elective imprisonment);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. An order to attend a course under Article 62-2 of the Criminal Act;

1. Confiscation of the Criminal Act;

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