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(영문) 부산지방법원 2017.01.13 2016고합837
살인미수
Text

A defendant shall be punished by imprisonment for a maximum term of two years and a short term of one year and three months.

검사는 압수된 퀸 센스 부엌칼( 총 길이 29cm,...

Reasons

Punishment of the crime

Around November 18, 2016, the Defendant was divingd at the Defendant’s house located in the Geum-gu, Busan, and the Defendant’s house located in the 405 head office, and was not well aware of it.

D Middle School E (18C) from the victims E (18 C) who were receiving the word “D”, but the victim did not answer until 21:09 on the same day, and made a verbal dispute with the victim while taking a bath to the victim.

The defendant continued to ask where the victim is the victim, and the victim knew his/her home address and thought to kill the victim, and the kitchen knife (29cm in total length, 19cm in knife) was stored in his/her house kitchen in a vinyl packing, and went to the residence of the victim.

On November 8, 2016, at around 21:40 on November 21, 2016, the Defendant kept the front door of the victim and walk the victim's clothes in one time by leaving the door, immediately by launchinging the victim's clothes, and brought the victim's clothes into the plastic bed in the Defendant's house, and tried to kill the victim's central part of the kitchen knife with the victim's knife at one time, but the Defendant attempted to murder the victim's central part of the knife knife with the victim's knife. However, the victim did not escape from the room and failed to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and E;

1. Police seizure records and list of seizure;

1. Reporting to the prosecutor (report on the status of a victim);

1. Each police investigation report (the attachment of a photograph of the victim's body, the investigation of the situation after the transfer of the victim's hospital, the attachment of a photograph of the witness's situation and on-site photograph at the time, and the investigation of the victim'

1. Application of the Acts and subordinate statutes of a response to a request for appraisal, such as the report of 112 case, report on the situation, seized knife photograph, photograph of the victim, screen to suspend the contents ofF dialogue, damaged photograph, etc. of the victim, brief picture, field photograph

1. Relevant Article 254 of the Criminal Act, Articles 250 (1) and 250 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Statutory mitigation Articles 25(2) and 55 of the Criminal Act

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