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(영문) 의정부지방법원 2019.09.05 2019고합168
살인미수
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On June 12, 2019, the Defendant: (a) around 17:45 on the 17:45, at the 3rd floor public room of the 3rd floor, the Defendant: (b) on June 12, 2019, reported that the victim E (E, South, 56 years old) residing in the Defendant’s next side, passed by the Central corridor; and (c) on June 12, 2019, the Defendant was refused to grant tobacco loans from the Defendant.

Although the Defendant had neglected it, the Defendant got his body fighting and did not suppress the victim due to power, the Defendant got excessive (19cc in total length, 9cc in knife length) from f.

Although the defendant was demanded to request tobacco from the victim because of the victim's entry D, the defendant again rejected the request and was sealed into a central corridor.

Therefore, the defendant tried to kill the victim so far from the right side side side of the victim of over-road, but the victim tried to kill the victim, but the victim knife and resisted the defendant's hand, which led the victim to the unfolded side of the treatment days (3 cm in width and 4 cm in length).

Accordingly, the Defendant attempted to kill the victim as above, but did not commit it but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G, H, and E;

1. A report on each seizure report and on the results of field identification;

1. Application of Acts and subordinate statutes to field photographs, photographs of the suspect's seized objects, field identification photographs, and investigation reports (C publicly announced CCTV image analysis);

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

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for a period of two years and six months to fifteen years;

2. The scope of the recommended punishment according to the sentencing guidelines [the determination of types] [the category 2] ordinary motive, murder [the special salvator] mitigation element: The intention of murder and the self-denunciation.

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