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(영문) 대전지방법원 2013.11.28 2013고합406 (1)
살인미수
Text

A 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 became final and conclusive.

Reasons

Punishment of the crime

The Defendant, while maintaining a arsenal relationship with the victim D (the age of 35) who works as a family-based household-based, approximately one year old club-based wait, requested that the Defendant be waited, but did not accept the request that the Defendant be wait.

The borrowed loan, which had been, did not pay off by day, led to frequent dispute between parties, thereby causing harm to the victim.

On July 20, 2013, the Defendant called “F” in the latter part of the Daejeon Jung-gu, Daejeon, that “I will take a water without paying the borrowed amount.” However, the Defendant attempted to murder the victim with a knife of a deadly weapon (20 cm in length, 10 cm in length) in the front of the back, while the victim was sent to a hospital by the first-aid vehicle, who was dispatched after receiving a report between the victim and the escape, and received treatment for approximately eight weeks, without doing so. However, the Defendant attempted to murder the victim with a knife of a deadly weapon (10 cm in length in length) in the front of the back. However, the Defendant attempted to do so without doing so by the first-aid vehicle, where the victim was sent to the hospital and received treatment for about eight weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Investigation report (to hear victim's D phone statements);

1. Application of Acts and subordinate statutes to details of damage;

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

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of applicable sentences: Imprisonment for a period of two years and six months to fifteen years;

2. Application of the sentencing guidelines [determination of types] homicides, 2 types (ordinary motive homicides): Reduction factors: Aggravation of self-denunciation, imprisonies of punishment, and willful aggravation factors of dolusence of murder: serious injury [a scope of recommending punishment] falls under special mitigation factors of 2 years to 8 years, 2 years to 2 years and 3 years, and 2 years to 8 years, and attempted murder.

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