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(영문) 광주지방법원 해남지원 2016.08.17 2016고합15
살인미수
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On April 21, 2016, the Defendant, while drinking alcohol together with D and victim E at the Defendant’s house living room located in the Southern-gun C2, Namnam-gun, Namnam-gun on April 21, 2016, brought about a dispute between the Defendant and the victim, on the ground that he did not share the cost of living with the victim.

The Defendant: (a) laid the victim into a cooling fluor and a fluoring the victim’s neck; (b) laid the victim’s neck by one hand; (c) laid the victim with a view to killing the victim; and (d) laid the victim “fluoring the fluor of the death,” sounded by “fluoring the string,” and opened another hand into the kitchen cluor of the other hand (18cc in length, 30cc in total length), set the kitchen blades below the victim, and set the bruds by force, such as the victim.

Defendant was drinking together with the Defendant.

D knife the knife of a knife, knife the knife of an empty knife at the entrance of the ward, knife the knife of an empty knife, knife it on the floor, and knife the

Before hering to commit murder even before her, “I want to see the victim with sound and sound, but I attempted to put the victim with approximately three weeks of treatment, and did not bring the victim with an open upper wall after the chest for about three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to E, D, F, and G;

1. Police seizure records;

1. A medical certificate for E in the preparation of a doctor H;

1. Investigation reports (to attach a written request for medical treatment of victims and records of the emergency center);

1. Application of Acts and subordinate statutes to report internal accidents (on-site photographs submitted by wood D);

1. Relevant Article 254 of the Criminal Act, Articles 250 (1) and 250 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (The sentencing shall be taken into consideration in favor of the parties concerned);

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 48(1)1 of the Criminal Act

1. The defendant and his defense counsel who alleged that he had no intention to murder shall be at the time of committing the crime.

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