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(영문) 대전지방법원 서산지원 2015.08.27 2015고합57
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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In light of the records, the Defendant, at the time of committing the instant crime, was aware that the victim was 50 years of age at the time of the instant crime. The “49 years of age” as stated in the written indictment is a clerical error in the “50 years of age.” As such, the Defendant’s complaint against the victim was raised against the victim on the ground that he was neglected by the victim when living in the property of the ordinary husband and wife as the property of the victim and living in the marital fighting of the husband and wife, and attempted suicide by selling the said property several times from five months prior to the date of the instant crime.

피고인은 2015. 6. 19. 20:00경 당진시 D에 있는 피고인이 운영하는 ‘E’에서 피해자가 약속을 어기고 에쿠스 승용차를 피해자의 단독 명의로 등록한 사실을 알고 피해자와 말다툼을 하다가 화가 나 위 피자집 앞에 있던 삽으로 그곳에 있는 위 피자집 배달오토바이를 부수고, 2015. 6. 20. 00:00경 위 피자집에서 피해자와 함께 피자도우를 만들던 중 피해자로부터 “죽지도 못하면서 쪽팔리게 여기저기 떠벌리고 다니느냐. 철 좀 들어라.”라는 말을 듣고 화가 치밀어 올라 위 피자집 앞에 있던 삽으로 그곳에 있는 위 피자집 배달 승용차인 모닝 승용차를 부쉈다.

At around 00:24 of the same day, the Defendant, by making a phone call between the Defendant and his wife while disregarding the Victim’s himself who is accompanied by the car, and the Defendant’s phone called to the son who has been incurred by the Defendant, and “the father is less than her husband.......... all f........................... the knife in the front line of the said knife, with a knife (18cc in total length, 30cm) which was in the front line of the said knife, and with a knife (18cc in length of the knife) which was in the front line of the said knife, even though it was sufficiently known that the knife would be dead by the victim, even though the knife would be able to do so.

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