(영문) 광주지방법원 해남지원 2019.06.12 2019고합12

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크기(pt)

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줄 간격

자간(%)

(영문) 광주지방법원 해남지원 2019.06.12 2019고합12

존속살해미수

Text

A defendant shall be punished by imprisonment for four years.

A seized kitchen shall be confiscated.

Reasons

Punishment of the crime

The defendant living together with the children of the victim B(79 years of age). The defendant thought that it would be better to kill the victim, his father, who is the father, to kill the victim and live in prison on the ground that it is not due to the fact that the victim was living together with the children of the victim B(79 years of age).

Accordingly, around 17:40 on March 8, 2019, the Defendant: (a) went out of the victim’s residence in Namnam-gun, Namnam-gun; (b) discovered the victim who returned home, and (c) laid the kitchen, which was in the kitchen of the above residence (34.5cm in total length, 22.5cm in length, 22.5cm in length); and (d) tried to kill the victim by taking part, such as the victim’s left side, and then, (d) tried to kill the victim by taking part of the victim’s ship and the side side side of the victim’s body, in which the victim got out of her ability at the resistance of the continued victim, and did not have a knife any longer with the victim’s body part of the days of treatment and other part of the open part of the kitchen.

Accordingly, the defendant attempted to kill the victim who is a lineal ascendant and attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecutor to the victim;

1. A report on investigation;

1. Records of seizure and the list of seizure;

1. Relevant photographs;

1. Copy of the family relation certificate;

1. Application of Acts and subordinate statutes governing a certificate of origin;

1. Relevant Article of the Criminal Act and Articles 254 and 250 (2) of the Criminal Act concerning the choice of punishment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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 three years and six months to fifteen years;

2. The scope of the recommended punishment according to the sentencing criteria (the determination of types) shall be the homicide.

참조조문

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