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(영문) 인천지방법원 부천지원 2013.10.18 2013고합149
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

Punishment of the crime

On July 22 and 30, 2013, the Defendant, within the “D” house located in Kimpo-si, called the victim E (year 41), fighting on the body of the Defendant at the above heading house and at the spacker, fighting on the body of the Defendant at the above heading house. On July 9, 2013, the Defendant re-entered the above heading house to compromise on July 22 and 47, 2013. However, the Defendant, on the ground that the victim did not go to a death but did not go to a serious horse, she spacks the victim to kill, and 2 knife the kitchen at the above heading house, knife two knife (30 mnife length of each blade), and knife two knife (30 mnife of each blade), and knife the victim knife and knife the Defendant’s chest.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, and H;

1. Records of seizure and the list of seizure;

1. Each photograph, field identification report, each investigation report, victim's opinion, and the application of statutes;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing under Article 62(1) of the Criminal Act [the scope of sentencing favorable to the reasons for sentencing] The reason for sentencing [the scope of sentencing] 2 years and 6 months to 15 years [the scope of sentencing] / [the scope of sentencing] / 2 years and 4 months to 8 years (the minimum of sentencing range is a crime of mitigation and attempted punishment, so the scope of punishment is reduced to 1/3, and 2/3 respectively] [the scope of revised sentencing] 2 years and 6 months to 8 years (the lowest of the sentencing range recommended in the sentencing guidelines is lower than the minimum of the sentencing range, so the minimum of the sentencing range recommended in the sentencing guidelines is lower than the minimum of the sentencing range).

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