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(영문) 부산지방법원 2013.07.12 2013고합160
살인미수
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The defendant is a person who has no fixed occupation.

On January 7, 2013, the Defendant, at around 17:45, was aware of the fact that the victim was able to get the victim's death at a restaurant, together with D'D' (52 years of age) located in Busan, Jin-gu, Busan, and the same dong E (52 years of age) while drinking alcohol, and was trying to murder the part of the body near the right bed and the part of the body of the victim, which is a dangerous object in Australia, around the right bed, and the right bed at the end of the victim. However, the Defendant was not able to take the part of the part of the victim's body, running the restaurant and running the cafeteria.

Summary of Evidence

1. Defendant's legal statement;

1. Police officers and prosecutor's protocol of statement regarding E;

1. Application of Acts and subordinate statutes to field identification photographs, emergency medical services logs, and photographs of victims injured by each victim;

1. Relevant Article of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. The scope of applicable sentences: Imprisonment for one year and three months to seven years;

2. Scope of the recommended punishment according to the sentencing guidelines (a decision of type), homicide (a person who has committed homicides), Type 3 (a person who has not committed any homicide), mitigated elements (a person who has no intention to commit any homicides), (b) increased factors (a person who has no intention to commit any homicides), [the scope of the recommended punishment] special mitigation areas (a person who has committed any homicides, between June and August, and a person who has committed any homicides, a minimum of the scope of punishment shall be mitigated to 1/3 and the maximum

3. Determination of sentence: The crime of this case in one year and six months is committed by the Defendant, along with the victim, who was at the same time engaged in alcohol, and the Defendant attempted to murder the part of the victim, which is a dangerous object in possession of the latter while drinking alcohol, over two times, near the right beer of the victim, and the part which is the right beer at the right beer. In light of the motive, process, means and method of the crime, and the circumstances after the crime, etc.

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