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(영문) 서울북부지방법원 2015.12.04 2015고합319
살인미수
Text

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

A seized kitchen (No. 1) shall be confiscated.

Reasons

Punishment of the crime

The defendant was suspected of attempting to flee without receiving money from the victim, even though he was living together with the victim C (the 54 years of age) at the drinking house and paid 55 million won to the victim's debt repayment, etc.

On September 30, 2015, at the defendant's house located in Seoul Special Metropolitan City, Nowon-gu D and 108 308 Dong 308, the defendant tried to kill the victim by taking the remaining part of the defendant's mind that the victim could escape from his answer and attempted to flee.

The Defendant, while keeping a knife of the kitchen at the same time, she voluntarily ceased to commit an offense and reported it to the 119 Safety Center by making it possible for the Defendant to kill the victim by taking three times the part of the victim’s knife and knife, so far as she tried to kill the victim by taking three times the part of the victim’s knife, and one time, by taking advantage of the victim’s wrong knife and by making it difficult for him/her to do so.

As a result, the defendant tried to kill the victim, but he did not commit a multiple and open wound for the victim's treatment for about eight weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Records of seizure and the list of seizure;

1. Each investigation report (as for the first interview of the victim, as for attachment to the upper part of the victim's body, as for the case, on-site photographs, etc., related to the 112 reported case handling table, interview with the victim, and interview report on the victim's currency);

1. A medical certificate;

1. Application of the existing Acts and subordinate statutes of one kitchen knife that has been seized;

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

1. Articles 26 and 55 (1) 3 of the Criminal Act for statutory mitigation;

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

1. Recommendation according to the sentencing criteria;

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