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(영문) 인천지방법원 2013.10.16 2013고합443
살인미수
Text

A defendant shall be punished by imprisonment for five years.

Seized knife No. 1 (No. 1) shall be confiscated.

In this case.

Reasons

Punishment of the crime

Defendant

On July 14, 2013, at around 21:30 on July 21, 2013, a petitioner for an attachment order (hereinafter referred to as the "defendant") issued a complaint with the fact that the former victim E (hereinafter referred to as 51 years of age, female) did not come to an educational problem for children, and that he/she was living together with his/her children in the house where he/she lives together with his/her children, and that he/she did not come to an educational problem for children, and that he/she was able to kill the victim by sealinging the male into the house where he/she lives together with his/her children, and that he/she was living together with his/her children.

At around 22:20 on the same day, the Defendant, at the victim’s house located in Bupyeong-gu, Incheon, Bupyeong-gu, 111-dong 302, 111, and 302, the Defendant, while taking the victim’s bath and living together with his children, attempted to kill the victim by taking away the 112 report from the back part of the 112 report, the excessive amount prepared in advance, and the back part of the victim’s clothes made up three times. However, the Defendant attempted to kill the victim by taking up the victim’s knife from the back part of the knife, and attempted to do so. However, the Defendant did not go through the victim’s knife with the victim’s knife, and attempted to do so.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement to G and E;

1. Records of seizure and the list of seizure;

1. A certificate of medical records, a medical certificate, and a medical certificate;

1. Application of Acts and subordinate statutes in the form of a victim at the time of initial discovery;

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

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

1. The scope of applicable sentences: Imprisonment with prison labor for up to 5 years; and

2. Scope of recommending punishment: Determination of the range of crimes punishable by imprisonment for up to 20 years: Imprisonment for a period of 5 years: the category of crimes punishable by murder and imprisonment for a period of 20 years: Aggravating area (a planned homicide, self-denunciation and mitigation of attempted murder): A minimum limit of the range of sentence shall be reduced to 1/3 and the upper limit

3. Determination of sentence: Imprisonment with prison labor for a defendant of five years and instead for the crime of this case;

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