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(영문) 창원지방법원 마산지원 2017.07.07 2017고합22
살인미수
Text

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

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

Reasons

Punishment of the crime

At around 12:30 on April 1, 2017, the Defendant, at the house of the Defendant located in Changwon-si, Changwon-si, the members of Changwon-si, and at the house of the Defendant, four persons, such as the victim D (39 cm), terroin E, F, etc., who are fested to drink, reported the dispute between the victim and F, and met with the victim, and tried to kill the victim by taking a bath and assault against the victim. At the same time, the Defendant had flicked the part of the back of the kitchen (20cm in total, 10cm in length, knife, 10cm in length) in the kitchen and reached flife at the left side of the victim and the victim once.

As above, although the Defendant attempted to murder the victim, the Defendant only committed an injury, such as injury to the heart accompanied by a blood backer, which is open within the scarcity in need of treatment for about six weeks, and attempted to receive treatment by the victim after receiving a report 119, by the first-aid unit dispatched to the hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement in E, F, and D;

1. Records of seizure (voluntary submission), list of seizure, and evidence of seizure;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the selection of criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the scope of the recommended punishment [the scope of the recommended punishment] (the scope of the punishment shall be limited to the person subject to special motive murder] (the scope of the recommended punishment]; the basic area of the punishment; the period of imprisonment from April to August 10 (the scope of the recommended punishment for attempted murder shall be limited to the minimum of 10 years to 1/3; the minimum of 16 years from 10 to 2/3; the maximum of the recommended punishment).

3. The crime of this case committed by the Defendant, who was in dispute with the victim and tried to murder the victim's side by force, is committed by the Defendant. Considering the method of the crime, the part of the attack, and the degree of the victim's injury, such crime is committed.

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