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A defendant shall be punished by imprisonment for six years.
A knive knives (No. 1) seized from the defendant shall be confiscated.
Reasons
Punishment of the crime
The defendant purchased a knife knife (17cc in knife length, 29cc in length) and knife (29cc in knife) through the Internet, under the pretext of protecting himself due to the experience of assault by others at the time of attending a high school, and carried
피고인은 2013. 4. 16. 04:10경 화성시 C에 있는 ‘D’ 술집 앞 노상에서 피해자 E(25세)이 일행들과 시비하고 있는 것을 보고 피해자 가까이 다가가 구경하게 되었고, 피해자는 피고인을 발견하고 “너 뭐야”라며 피고인의 복부를 발로 1회 찼다.
Accordingly, the Defendant had the mind to kill the victim by sculing the victim under the influence of discerning things or lacking the ability to make decisions due to the Asculping of Ascira, etc. The Defendant tried to kill the victim by sculpting the chest part of the victim’s chest one time with sculic knife, etc., the victim resisted against the victim, and attempted to kill the victim by 17 times over 11 weeks. However, the Defendant did not commit an attempted crime by causing the victim to injure the victim, such as the upper sculptr in the left side which requires medical treatment of approximately 11 week, and the acute sculp in the face, sculp, sculp, etc. by the warden.
Summary of Evidence
1. Defendant's legal statement;
1. The statement of each police officer made to F and G;
1. Application of Acts and subordinate statutes to search records, on-site photographs, photographs of seized articles, etc., medical certificates, and investigation reports ( telephone conversations with the intention of the victim in charge of telephone communications);
1. Article 254 of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the applicable criminal facts, the choice of limited imprisonment;
1. Grounds for sentencing under Articles 10(2) and (1) and 55(1)3 of the Criminal Act for mitigation of mental illness and injury;
1. The scope of applicable sentences: Imprisonment for a period of two years and six months to fifteen years;
2. Application of the sentencing guidelines (determination of type), murder crime group, murder by Type 2 (General homicide) (Special Aggravation): Aggravation factors: serious injury, cruel method of committing a cruel crime - mitigated factors: mentally ill-incompetent (no one shall be responsible).