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(영문) 수원지방법원 성남지원 2016.07.14 2016고합71
살인미수등
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

1. Special damage and special residential intrusion Defendant: (a) on April 22, 2016, on the ground that the victim C (n.e., 36 years of age) who was in a fluorial relationship around 07:30 on April 22, 2016 did not receive a telephone without any contact; (b) he/she shall be extracted from the steel store, which is a dangerous thing (i.e., e., g., e., g., e.

b. Purchasing steel materials, length of 60cc, diameter of 18m, weight of 1.38 mg, and sought the residence of the victim in Gwangju City.

In front of the above victim's residence, the defendant added the correction device and entered the victim's residence by inserting it in the gap between the correction device installed in the entrance and the wall so that the victim does not open the door.

Accordingly, the defendant carried dangerous articles, and destroyed the entrance door gate to the victim who is not aware of the market price, and intruded upon the victim's residence.

2. The Defendant: (a) entered the victim’s residence, i.e., paragraph (1) of the same day bordering as that of paragraph (1); (b) tried to kill the victim in a timely manner by taking the victim’s satisfying from the Defendant’s defect; (c) took one time the head of the victim’s head; (d) taken one time again the victim’s head; and (e) took several times the victim’s head at the time, and (e) took part in the victim’s hair.

Although the Defendant attempted to kill the victim as above, the Defendant did not commit an attempted crime but did not commit an injury to the victim, such as double strokes, which requires approximately three weeks of medical treatment, on the wind that the victim resists against the victim and deducteds the victim from the defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Two copies of a medical certificate;

1. A gene appraisal report;

1. Application of the Acts and subordinate statutes to photographs of the victim's injuries, photographs of damaged doors, photographs of the place where the victim was found, and photographs of omission;

1. Article 369(1) and Article 366 of the Criminal Act (the point of special damage, etc.) concerning facts constituting an offense and Articles 369(1) and 366 of the Criminal Act.

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