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(영문) 광주지방법원 순천지원 2018.12.20 2018고합182
살인미수
Text

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

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

Reasons

Punishment of the crime

The defendant was under medical treatment due to chronic constant disability, etc., and the victim C (55) is the spouse of the defendant.

On May 13, 2018, around 19:50 on 19:50 on 19:50, the Defendant, at his own dwelling space of 503 Dong 11118, had come to talk with the victim, and the Defendant, at the time of facing the her hand floor, became fit for the tamper with the victim.

The defendant drinks a mind to kill a victim with the lack of the ability to discern things or make decisions due to the trouble at the port of view, and takes a knife (34 cm in total length, 20 cm in length) on the bridge of the victim who was faced by the tabler of the victim, and then knife the knife with two knife, and tried to kill the victim at a depth of about 5 cm in depth, but the victim did not carry the knife with knife and knife with his knife with his knife, but did not result in an attempted crime, and caused the victim's bodily injury, such as knife, in the process.

Accordingly, the defendant attempted to kill the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. 12Report processing table, report on the results of field identification, and response to a request for appraisal; and

1. On-site photographs, confirmation related to C treatment, and explanation of the case-related photograph;

1. A written diagnosis and a written confirmation of hospitalization;

1. Application of statutes on the list of seizure and the protocol 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. According to the evidence duly adopted and investigated by this court and the opinions of professional examiners E of Articles 10(2) and 55(1)3 ( mentally and physically weak person) of the Criminal Act to be mitigated by law, the defendant suffered from emotional distress, etc. for a long time, and the recognition ability, impulse adjustment ability, etc. of the defendant was deteriorated, and ② The reasonable accident of the defendant, at the time of the instant case, shall be under the same Section.

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