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(영문) 춘천지방법원 원주지원 2016.04.06 2016고합18
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

On January 2, 2015, at around 04:20, the Defendant: (a) expressed a desire to the effect that the victim E (the victim 46 years of age) continues to move back to the house even after the business hours have expired in the “D party room” operated by the Defendant in front of the C apartment building in the original city, and (b) expressed a desire to the effect that the victim “as soon as possible go to the house” would be fit for drinking by the victim; (c) the Defendant snicked the victim to murder with knife.

Accordingly, the Defendant saw the kitchen knife, which is a deadly weapon in the kitchen at the location of the Defendant, and knife a knife knife knife knife knife knife knife knife knife knife knife on the left side of the victim.

As a result, the Defendant committed an open top of the wall after a chest 54-day period of hospital treatment to the victim. However, the Defendant did not commit an attempted crime because other persons reported the Defendant in 119, thereby allowing the victim to go back to the hospital and receive medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes concerning investigation reports (verification of the period of hospitalized treatment for a victim), copies of medical records;

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

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The scope of applicable sentences under the law for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of the same Act: The scope of applicable sentences under the sentencing guidelines of two years and six months and fifteen years and fifteen years of imprisonment [the type] the scope of recommended sentences [the person who is subject to special sentencing] under the ordinary motive murder (type 2] [the scope of applicable sentences] [the scope of recommended sentencing] mitigation area, two years and six months and eight years from six months of imprisonment (the minimum limit of applicable sentences for non-offenders, the ordinary motive mitigation mitigation mitigation area, the maximum limit of 12 years and three years, respectively.

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