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(영문) 의정부지방법원 고양지원 2015.09.24 2015고합125
살인미수
Text

A defendant shall be punished by imprisonment for three years.

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

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. The prosecutor's office and the police's statement concerning C;

1. A report on investigation by the prosecution (Submission of a diagnosis report of a victim and photograph of damage);

1. Police investigation report (investigation, etc. into the injured party's wife);

1. Records of seizure and the list of seizure;

1. On-site identification records of the case;

1. The defendant and his defense counsel asserted that there was no intention to commit murder against the defendant, on the grounds that the defendant and his defense counsel asserted that there was no intention to commit murder. However, in full view of the details of the instant case acknowledged by the evidence, the risk of committing the crime, the injury to the victim, and the degree of injury, etc., the defendant can be sufficiently recognized that there was no intention to commit murder at least at least, since the above assertion is rejected.

Application of Statutes

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

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended punishment according to the sentencing criteria (the determination of a sentence), types 2 (Special homicide): Reduction element of the punishment [the scope of the recommended sentence] mitigated range of punishment [the scope of the recommended sentence] [the scope of the mitigated sentence] between April and 8 years (the minimum limit of the sentence shall be reduced to 1/3, and the upper limit shall be reduced to 2/3 respectively);

2. Determination of sentence: The crimes of homicide with a stay of execution of three years are serious crimes which infringe upon human dignity, and the attempts of such crimes shall be punished solemnly;

The crime of this case is not good in light of the tool, method, etc. of the crime, and the victim could lose his life due to the crime of this case.

However, the defendant, who received the separate notification from the victim, found the victim in order to care for the victim's mind.

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