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Reasons
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(영문) 서울중앙지방법원 2016.11.29 2016고단7499
살인예비
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A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim C(n, 72 years of age) are between husband and wife and are currently in separate space.

On October 12, 2016, around 17:00 on October 17, 2016, the Defendant demanded the victim to live together, such as a towing, in the “E” restaurant for the victim’s operation on the first floor of Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government D, but the victim tried to kill the victim by talking about the wrong behavior that the Defendant had committed during that period.

At around 17:20 on the same day, the Defendant laid the food knife (21cc in length) which had been kept under the above restaurant cafeteria, and put the knife into his own knife knife knife knife knife knife knife knife knife knife

Accordingly, the defendant prepared to kill the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Statement to C by the police;

1. A written statement;

1. Records of seizure and the list of seizure;

1. Application of crime tools, photographs, field photographs, and Acts and subordinate statutes;

1. Articles 255 and 250 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The reason for sentencing under Article 62(1) of the Criminal Act does not seem to be reasonable in light of the motive or circumstance of the instant crime, and the gravity of the preliminary crime, etc., the punishment shall be determined by considering favorable circumstances, such as the following: (a) the Defendant acknowledged the instant criminal facts and made a mistake, and the Defendant does not want to be punished against the Defendant; (b) the victim does not want to do so; (c) the Defendant seems to have come to have come to commit the instant crime in a timely fashion; and (d) the Defendant appears to have not been punished in excess of the past fines.

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