(영문) 춘천지방법원 2016.11.15 2016고합51

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Reasons

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줄 간격

자간(%)

(영문) 춘천지방법원 2016.11.15 2016고합51

살인미수

Text

A defendant shall be punished by imprisonment for six years.

Influence, one colorer (Evidence No. 1), two shouldered fluor's disease.

Reasons

Punishment of the crime

On June 26, 2016, the Defendant, at the house of the Defendant, C Apartment 102, 910, the Defendant 102 and 910, was arguing on the ground that the victim, who was the latter, was in drinking together with D and the victim E (the age of 43) was in the end of drinking.

After that, at around 11:25 on the same day, the Defendant discovered the victim from the Defendant’s house to the point of view, made the victim contact with him, let him enter the house while drinking together with the victim, and instructed the victim as to whether he was her. However, when the victim neglected this, the victim took two times the number of the victim’s back to the river due to his own illness in the middle where the victim got her compared, and the victim took one hand over the head of the victim 8.9km from the ward. After the victim took one time, the Defendant tried to murder the victim by taking the victim’s face back to the front part of the victim, taking the victim’s face as her hand, and making the victim take part of the victim’s face several times. However, the victim took part of the victim’s face with her hand and her face back to the victim when the victim lost her mind, and the Defendant took part of the victim’s treatment, such as the victim’s attempted treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to D and E;

1. Each investigation report (in relation to attachment of statements by a victim, confirmation of the details of diagnosis, etc., attachment of photographs to crime scene, CCTV, hearing of statements by a witness);

1. Statement of seizure of each police;

1. A written appraisal;

1. A copy of each medical certificate and medical record (E);

1. Application of three Acts and subordinate statutes to photographs; and

1. Article 254 of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the applicable criminal facts, the choice of limited imprisonment;

1. Confiscation Article 48(1)1 of the Criminal Act

참조조문

-형법 제48조 제1항 제1호

-형법 제250조 제1항

-형법 제254조

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