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(영문) 서울동부지방법원 2014.12.24 2014고합286
살인미수
Text

A defendant shall be punished by imprisonment for three years.

except that the execution of the above sentence shall be suspended for four years from the date this judgment became final and conclusive.

Reasons

(c) shall be.

(See Supreme Court Decision 2008Do9867 Decided February 26, 2009, etc.). The following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, ① the kitchen knife of the Defendant’s kitchen knife of the knife and the knife length of the knife comes to 18cc, sufficient for the Defendant to take the knife the knife into the knife of the Defendant; ② the victim suffered a large amount of 5cm in length, 15cc in depth, and 15cc in length by the Defendant’s act (Evidence No. 80 pages). ③ The part of the Defendant’s knife of the knife of the knife of the Defendant’s life was concentrated in a long-term period necessary for the Defendant’s life maintenance with the left part. In fact, it is reasonable to deem that the Defendant had been murdered at the time.

Reasons for sentencing

1. Application of the sentencing criteria [Scope of Recommendation] Reduction Area (2) (2) (2) (2) (2) (2) (2) (2) (2) (2) (2) and (8) (2) (2) (2) (2) and (2/3) (2/3) the minimum limit of the sentencing range for the crime of murder is to be mitigated (2/3).

2. Determination of sentence: Imprisonment with prison labor for three years, a stay of execution for four years shall be sentenced to strict punishment for the defendant in light of the fact that the defendant tried to kill the part of the victim with the kitchen knife in his kitchen knife while the defendant had a conflict with the victim during his teaching system, and that the method of committing the crime is very dangerous and the victim seems to suffer severe physical and mental pain, etc.

However, the crime of this case is not closely planned in advance, but rather rather likely to be somewhat contingent, and the defendant takes active relief measures, such as reporting 119 immediately after the crime to the hospital, and transporting the victim to the hospital, and the victim does not reach the death.

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