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(영문) 서울동부지방법원 2015.04.21 2014고합401
살인미수
Text

A defendant shall be punished by imprisonment for six years.

The excessive one (No. 1) seized shall be confiscated.

Reasons

Punishment of the crime

The Defendant, while lacking the ability to discern things or make decisions through Cho-dong-dong, such as Cho-dong-dong, Gyeong-dong-gu, Seoul (Seoul Q 62). On November 26, 2014, at around 11:00, the Defendant used a transition period (23 cm in total length, 13 cm in length) in which he was in the house to write off in any way on the ground that his wife's wife answers, answers, and power, and went out from the outside, and then, at around 11:10 on the same day, the Defendant colored the object of the crime in the “maws Park” park located in Young-dong, Gangdong-gu, Seoul, and tried to kill the victim C (96 years of age) who was seated at the boom, and had knished the victim’s chest, chest, and so on, but was unable to know the number of days of the Defendant’s witnessing the crime.

Accordingly, the defendant tried to kill the victim, but attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Seizure records;

1. A medical certificate, or a copy of medical records;

1. On-site photographs, photographs, images, and photographs;

1. Application of Acts and subordinate statutes to each investigation report (the sequence 12, 14, 18, 23, 26, 27 of the evidence list);

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

1. Articles 10(2) and 55(1)3 of the Criminal Act for the mitigation of mental disorder [Article 10(2) and 55(1)3 of the Act on the Mitigation of Mental Disorder (Article 55(1) of the Criminal Act on the premise that the defendant committed the instant crime in a mental state which does not correspond to normal persons. However, according to the Defendant’s mental appraisal report, etc., it is recognized that the Defendant had a weak ability to discern things or make decisions due to a man-s

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

1. Imprisonment with prison labor for a period of two years and six months to fifteen years;

2. The scope of recommendations (the scope of recommendations) No. 3.

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