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(영문) 부산지방법원 2013.12.20 2013고합581
살인미수
Text

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

Reasons

Punishment of the crime

[Criminal Power] On August 19, 2009, the Defendant was sentenced to three years of imprisonment for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Daejeon District Court, and completed the execution of the sentence on May 25, 2012.

【Criminal Facts】

On August 1, 2013, at around 03:35, the Defendant, at the end of 03:35, experienced the victim F (50 years of age) who returned home with drinking alcohol at the 1st floor of the multi-household house located in Busan Yagu, and drinking alcohol at the 1st floor of the apartment house, and drinking alcohol at the 1st floor of the city where the Defendant f (50 years of age) went home, for the purpose of killing the victim at the latest.

Thus, the defendant, as a result, has come up with a transition (10cm in blade length) coming into and out of a fishing bed, and the part of the upper part of the victim's left-hand side of the above over-mentioned road by the victim, so far as the victim is unable to reach the upper part of the part of the victim's upper part, which requires approximately five weeks medical treatment to the victim, the open upper part of the knife, the knife, and the specific size of the upper part of the knife in the upper part of the knife of the knife: 5cm in entrance: 10cm in depth of the exit: 10cm in length in the upper part of the knife and the part of the knife, which are facing the knife of the victim. However, the purpose of murder was not to have been attempted even though the knife died.

Summary of Evidence

【Criminal Facts in the Market】

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. Each police investigation report (related to attachment of a medical certificate for the health of a victim) (related to the health of a victim before the market);

1. A reference report on criminal records, etc.;

1. Application of Acts and subordinate statutes to a report on investigation by the prosecution (the date of release);

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

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Determination as to the defendant's assertion of statutory mitigation under Articles 52(1) and 55(1)3 (self-denunciation) of the Criminal Act

1. The summary of the argument is that the defendant has a knife of the victim.

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