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(영문) 서울동부지방법원 2014.09.29 2014고합163
살인미수
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

Around March 4, 2014, the Defendant was under the influence of alcohol and had weak ability to discern things or make decisions, and around March 23:4, 2014, the Defendant was demanded from the victim E (the age of 41) (a staff member of the store in Dongdaemun-gu Seoul) to pay the value of drinking drinking water at the D Dump located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and caused the Defendant to do so, and then, the Defendant was able to remove and take off money for which time remains. It was difficult for the Defendant to have avoided the disturbance while doing so. The Defendant was asked by the police officer called as the victim to return home with 112 report and got out of the house, and was able to threaten the victim by dissipating the victim.

Therefore, the Defendant, as the Defendant’s house located in Seongdong-gu Seoul Metropolitan Government F, carried out a printing-related work and stored in a plastic milk box, carried two copies of “Agri (Silxa) Ba” (No. 1), which is a dangerous object in storage, and returned back to the public.

On March 5, 2014, at around 00:20 on March 5, 2014, the Defendant expressed the victim’s view that “ging” was “ging from the public bath,” while intending to attach the victim’s face and titts to the victim’s face and titts, thereby causing harm to the victim’s body or property.

As above, the Defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. An appraisal statement (or an appraisal statement on the on-site evidence);

1. Application of each of the existing laws and regulations soup, making soup, 2 (No. 1), 2 laba (No. 2), 2 laba (No. 3), and 2 (No. 4);

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 283 (1) of the Criminal Act;

1. The Criminal Act for the mitigation of mental illness.

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