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(영문) 서울북부지방법원 2019.07.12 2019고합95
살인미수
Text

A defendant shall be punished by imprisonment for four years.

Seized evidence 1 (one knife) shall be confiscated.

Reasons

Punishment of the crime

The defendant sent the victim B (n, 72 years of age) and about 8 years of age, but the victim was suspected of having met another male, thus having taken a proper step toward the victim.

On March 21, 2019, at around 21:30 on March 21, 2019, the Defendant, within the house of the Defendant of the first floor of the Seoul Jung-gu C building, was suspected of having had another male, and was in a dispute with the victim with the victim, was frightened to have the victim, and then tight blades (total length: 32cm, 19.5cm: cm: 19.5cm) located at that place are collected, and the victim was able to kill the victim. Accordingly, the Defendant was able to kill the victim by having the victim listened to the desire theory of “the satra, satra,” “the satra,” from the victim.

Therefore, the Defendant: (a) caused the victim’s knife with the above knife three times in depth by the victim’s knifeing the knife; (b) did not contact the victim’s left side by asking his knife his knife his knife the knife; and (c) continued to go against the victim’s left part and the part where the victim’s face is left, the left part of the knife, the back part of the knife, the head part of the knife, etc.; and (d) obstructed the victim’s left hand, the knife and the knife of the knife.

As a result, the defendant tried to kill the victim, but it did not bring about about about three weeks of treatment and did not bring about an injury such as diversative heat, etc. (as it is highly likely that a non-obsive reflector may occur even after treatment).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. On-site photographs;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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. Reasons for sentencing under Articles 25(2) and 55(1)3 of the Criminal Act for mitigation of attempted punishment;

1. Scope of punishment by law: Imprisonment with prison labor for a period of two years and six months to fifteen years;

2. The scope of the recommended punishment according to the sentencing criteria (the determination of types) shall be the homicide.

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