(영문) 부산지방법원 2016.12.16 2016고합752

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(영문) 부산지방법원 2016.12.16 2016고합752

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Text

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

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

Reasons

Punishment of the crime

The defendant was admitted to the Magjin-ri Council on the recommendation of the defendant set up by the defendant and was aware of the victim D (V, 58 years of age) who is a same religious believers.

At around 01:00 on July 9, 2016, the Defendant: (a) tried to kill the victim on the ground that: (b) the victim found to have been in the Defendant’s dwelling room located in the Dong-gu, Busan; (c) had a new wall with the Defendant, and divided conversations; (d) the victim told the Defendant to treat the Defendant as a mentally ill person and conduct religious training; and (e) the victim told the Defendant to do so.

At around 02:15 on the same day, the Defendant laid a knife knife (37.5cm in total length, 23.5cm in knife length) that was in the kitchen scambling at the front of the above residence, and knife the part of the victim’s head knife one time in a knife, and knife the part of the victim’s head knife, so that the victim’s head knife knife knife knife knife knife knife knife knife knife knife knife knife.

The defendant continued to murder the victim by displaying a knife knife a knife, etc., but the defendant put the defendant to the defendant, the victim had the victim go to go to the second knife of the number of days of treatment and the second knife of the right side.

Accordingly, the defendant tried to kill the victim and attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C, F, and D;

1. A report on seizure and the list of seizure, blades and photographs, site photographs, reports on the results of field identification, and on-site files;

1. Application of Acts and subordinate statutes to each investigation report (No. 6 and 11 No. 11)

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. Article 62(1) of the Criminal Act (the following extenuating circumstances among the reasons for sentencing) is suspended.

참조조문

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