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(영문) 의정부지방법원 2015.09.24 2015고합219
살인미수
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The defendant and the victim C (the age of 37) were married around May 2012 and divorced around November 2014.

At around 00:40 on July 18, 2015, the Defendant sent a message to the victim’s frightful life with the Defendant’s mind, but the victim saw that she would have responded without her sex, and requested the Defendant to open a door by finding the victim’s house located on the Defendant’s vehicle ( approximately 20cm in total length, approximately 10cm in blades, approximately 10cm in length in southyang-si Building D, 104 401.

The defendant, who was frighten, opened the door and frightened out of the house by gathering the above excessive part of the victim's left part of the victim's elbow, found the clothes of other male at the victim's house, frighten the victim's body, found the victim's clothes at the same place, and taken the victim's house to kill the victim. The defendant was in possession of the kitchen kbre ( approximately 32 cm in total length, about 20 cm in knife length, about 20 cm in knife, No. 1) at the victim's house, while the victim was carrying the kitchen knife in the victim's house, while the victim was able to enter together with the police.

As a result, the Defendant attempted to kill the victim, but only carried out chests and scarcitys that need to be treated for about four weeks, and the first responder who was dispatched after receiving a report 119 was sent to the hospital and received treatment, and did not bring the victim to an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Statement of opinion;

1. A criminal investigation report and an investigation report (or a counter-investigation of a victim's note);

1. On-site photographs, victims, photographs of seized articles, and photographs on the part of the upper part of the victim's port;

1. Application of the existing Acts and subordinate statutes of one kitchen knife that has been seized;

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

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