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(영문) 창원지방법원 통영지원 2017.12.14 2017고합85
살인미수
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The defendant and the victim C(28 tax) had been living together in the D Building from about one year to about one year since the year of his/her annual life.

On September 3, 2017, the Defendant returned home at the latest with 00:00 and drinking, and, at the inside of the above residence, the Defendant, who was dissatisfied with the Defendant’s late returning home at the same time, was disregarded by the Defendant’s “unless” from the injured party during the punishment of a dispute with the victim, who was suffering from a horse dispute. As the head was cut on the floor of the head, etc. with the floor of the drinking and the hand, the Defendant was suffering from excessive (20cm in total length, 9.5cm in length of the day).

As a result, the Defendant attempted to kill the victim, but did not bring about his intention, and did not commit an attempted injury to the funeral with an open wound within the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The 112 reported case settlement table, respectively;

1. A medical certificate or a copy of medical records;

1. Investigation reports (Attachment of photographs), investigation reports (verification of a hospital in the state of a victim), investigation reports (location of a suspect or victim's medical record), investigation reports (location of a suspect or victim's medical record), investigation reports (verification of a cell phone), investigation reports (victim status and DNA collection);

1. Each photograph;

1. Application of seizure records and statutes concerning the list of seizure;

1. Relevant Article of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the selection of criminal facts;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. The scope of the recommended punishment according to the sentencing guidelines [type of determination] - Class 2 (special motive homicide) - The mitigated element - The aggravated element: serious injury [the scope of the recommended territory and the recommended punishment], the basic area of the injury [the scope of the recommended punishment], April 3 to August 10 (the crime of attempted murder) from April 3 to August 10 (the recommended sentence scope is considered as attempted murder).

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