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(영문) 인천지방법원 부천지원 2012.09.28 2012고합255
살인미수
Text

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

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

Reasons

Punishment of the crime

On August 20, 2012, at around 19:40, the Defendant opened a door on the grounds that the victim D (50 years of age) who is her husband, intends to drink and enter the house in front of the dwelling of the Defendant, Kimpo-si, Kimpo-si, 101, on the ground that he/she would not open a door on the ground that the victim D (50 years of age) who is her husband would drink and drink drinking. When he/she hearss the victim from the victim, the Defendant tried to kill the victim twice in the way that he/she was in the kitchen (9cm length, 19cm in total length) and twice in the following door, but he/she attempted to kill the victim two times in the way that he/she was in the kitchen in the following door. However, the Defendant attempted to injure the victim, such as acute dypitis, which requires approximately three weeks of treatment

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Each investigation report (for a victim's status, reporting on confirmation of the victim's status);

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to diagnostic certificates, on-site photographs and criminal tools, photographs of damaged parts, on-siteCCTV verification data;

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

1. Legal mitigation under Articles 25 (2) and 55 (1) 3 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of sentence] : (a) 2 years to 6 months from 15 years to 15 years [the decision of sentence] homicide; (b) 2 years to 2 years from 2 years to 6 years (the scope of sentence to be mitigated; and (c) 2/3 from 2 years to 6 years (the scope of sentence to be mitigated; and (d) 3 months from 2 years to 6 years (the crime of attempted crimes is subject to mitigation; (c) the minimum of the above sentence to be mitigated to 1/3; and (d) the upper limit to the above sentence to 2/3 shall be mitigated to 2/3; (e) the defendant tried to murder the part of the victim's life by taking advantage of the victim's desire to do so; and (e) the victim's life is seriously dangerous to the victim's life; and (e) on August 24, 2005, it is difficult to punish the victim with a strong force.

I would like to say.

However, the defendant does not participate in a pureization under the influence of alcohol and contingently.

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