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(영문) 청주지방법원 충주지원 2020.03.19 2020고합6
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

Around 02:40 on December 31, 2019, the Defendant: (a) while drinking the victim D (mae, 34 years of age) and alcohol who is a vegetable b apartment in Chungcheong City; (b) around 02:40, the Defendant: (c) stated that the Defendant “a person suffering from selling vegetable” was the victim; and (d) took the victim’s face at one time on the ground that the victim took care of “the vegetable vegetation or drinking”, and (e) took the face of the victim at three times on the window by taking the head of the Defendant’s head debt, and (e) took two times again the face of the victim was fighting between the victim and the body of the victim by taking the kitchen.

Along with the victim's head, the victim's back head is faced with the victim's back head, and the victim's clothes have been knife one time by gathering the knife (29cm in total length, 18cm in knife length) in the kitchen floor of the kitchen, and the victim's clothes have been knife on the part of the victim, but the victim has not been able to receive treatment after being transmitted to the hospital by the victim's escape, and it has not been achieved that the victim's front knife of the double knife of the double knife which requires about four weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of police suspect regarding D;

1. Statement to E by the police;

1. Written statements prepared in D;

1. Records of seizure and the list of seizure;

1. A medical certificate (D);

1. Application of three Acts and subordinate statutes to the victim's photographics, seized objects, and victim's DNA photographs at each site;

1. Relevant Article of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the crime [Selection of Imprisonment with prison labor]

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Article 62(1) of the Act on the Suspension of Execution, the Defendant’s age, relationship with the victim, and the Defendant’s act of committing a crime by failing to participate in fighting in the process of fighting with the victim who is his/her birth, while drinking with the victim, and resulting in a contingent crime. The fact that the degree of injury suffered by the victim is not much serious, and the Defendant recognized his/her act of committing a crime.

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