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(영문) 대전지방법원 홍성지원 2018.04.19 2018고합11
살인미수
Text

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

Reasons

Punishment of the crime

The Defendant, at around 12:30 on January 25, 2018, was drinking together with the victim D(53 taxes) who was sexually compelled to be sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually

No person shall be counted as a sick person.

As the victim scam at a scam because of “Scam,” the victim attempted to kill the victim once with a transition (19cc in total length, 10cc in length) located in the kitchen scam and the victim’s clothes, but the victim failed to commit an attempted injury, such as injury and scamsing, which is open within the mouth where the number of days of treatment cannot be known, by causing the victim to inflict an injury, such as injury and scams, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each prosecution with respect to D and E;

1. Reports on internal investigation (in-house investigation into the state of victim D) and investigation reports (in-house investigation into the state of victim D operation);

1. On-site photographs;

1. A medical certificate;

1. A 112 reported case handling list and emergency medical services activities;

1. Application of seizure records and statutes concerning the list of seizure;

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

1. As to the Defendant and his defense counsel’s assertion regarding attempted mitigation under Articles 25(2) and 55(1)3 of the Criminal Act, the Defendant and his defense counsel asserted to the effect that the Defendant was in a state of mental and physical loss or mental weakness by drinking only at the time of the instant crime.

However, in light of the statement in each prosecutorial statement protocol against D and E, and the motive, background, means, and result of a crime recognized by the statement in the 112 Report Handling List, and the Defendant’s act before and after the crime, the Defendant was under influence of alcohol to a certain extent at the time of the above crime.

Even if so, he did not have or weak ability or decision-making ability to discern things.

It does not appear.

The above assertion by the defendant and defense counsel is not accepted.

Reasons for sentencing

1. The applicable range: Imprisonment for a period of two years and six months to fifteen years;

2. The sentencing guidelines shall be recommended; and

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