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(영문) 수원지방법원 평택지원 2018.10.05 2018고합124
살인미수
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

A seized one improvement (No. 1) shall be confiscated.

Reasons

Punishment of the crime

The defendant and the victim B(50 years old, South) are those living in the vicinity of Pyeongtaek-si C and there is no special relationship.

On July 12, 2018, the Defendant took part in the E Park located in Pyeongtaek-si D around 07:30 on July 12, 2018, where the Defendant took part in part of the part of the Defendant and the Defendant’s f (personal information other than the Defendant’s name and personal information).

During that period, the defendant was suffering from the victim for reasons of influence with the victim, and the victim was at least twice the head of the defendant with his/her hand on the same day 07:37.

Defendant 1: (a) had been abused by the victim as above; (b) had the victim killed the victim by improving the agricultural environment.

After 07:39 on the same day, the Defendant purchased approximately 10 meters of agricultural improvement (23cm in length on the blade, 39cm in cash) in G with about 10 meters away from the place where the Defendant committed the crime, and returned to the place where the crime was committed on the same day, and returned to the place where the crime was committed, and returned to the victim's name on one occasion with the improvement of the above agriculture, and continued to take the head of the victim's head on one occasion.

As a result, the Defendant attempted to kill the victim, but the victim was able to get out of his/her own mind, and did not have the intent to commit the crime but failed to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Certificates of documentary evidence at each site;

1. A protocol of seizure and a list of seizure;

1. A photograph of a visual closure;

1. Medical certificate (142 pages of investigation records);

1. Application of Acts and subordinate statutes to a investigation report (G business owner H telephone listening);

1. Article 254 and Article 250 (1) of the Criminal Act concerning the facts constituting an offense (or choice of imprisonment with labor for a fixed term);

1. Article 26 and Article 55 (1) 3 of the Criminal Act to mitigate attempted suspension;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to fifteen years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] [the scope of the recommended punishment] Nos. 2 (General homicide) and the basic area (the murder committed from April to October). Thus, the lower limit of the sentence is 1/3 and the upper limit is 2/3, respectively (the person subject to special sentencing).

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