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(영문) 광주지방법원 순천지원 2015.04.02 2015고합32
살인미수등
Text

A defendant shall be punished by imprisonment for three years.

A knife knife (No. 1) shall be confiscated.

Reasons

Punishment of the crime

On April 30, 2014, the Defendant was sentenced to two years of suspension of execution for one year of imprisonment with prison labor for the crime of bodily injury, etc. in the Gwangju District Court's Netcheon Branch, and the judgment became final and conclusive on May 8, 2014 and is currently under suspension of execution.

On February 1, 2015, at KRW 00:25, the Defendant: (a) brought the victim E (37%) (101, an accommodation in the Company E (37 years of age), F (37 years of age) and drinking with the Defendant; (b) brought about the victim E, who was under dispute with the Defendant while drinking with the said Company E (37 years of age), with the intent of murdering the victim E by bruing the Defendant, “C.” (17cm in length) and booming the cruth (17cm in length), which is a dangerous object on the kitchen sing the Defendant, brought the victim E, and put the victim E on the left hand of the victim E (17cm in length) one time by displaying it to the victim E.

As a result, the Defendant carried a sashdo, which is a dangerous object, and carried the victim F with approximately two weeks of medical treatment, and put the victim F into an open wound.

Although the Defendant continued to go out of the victim F in order to make a report, the Defendant did not commit an attempted act, with the victim E’s head, neck, etc., even after the lapse of the time, and did not commit a murder, on the part of the victim E, the Defendant only carried out a “inward side, fluor, and 20 cms (the depth of 20 cm back to the trawing side of the knife)” which requires approximately four weeks of medical treatment to the victim E.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of each police statement to F and E;

1. Each written diagnosis of the victim E and F;

1. Damage photographs of victims E and F;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (report accompanied by a copy of judgment);

1. Relevant Article of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act (the points of attempted murder and the choice of limited imprisonment) concerning the crime, Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act (the points of inflicting bodily injury on carrying dangerous articles);

1. The Criminal Act among concurrent crimes.

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