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(영문) 서울중앙지방법원 2013.04.18 2013고합152
살인미수
Text

A defendant shall be punished by imprisonment with prison labor for up to 11 years.

Seized knife No. 1 (No. 1) shall be confiscated.

Reasons

Punishment of the crime

The defendant is residing in Seoul Special Metropolitan City, Gwanak-gu, Seoul with the victim C(22 years of age) and the family-friendly relationship.

At around 05:40 on February 1, 2013, the Defendant confirmed the content of the Kakakao Stockholm message sent to E to the victim’s cell phone with the victim’s cell phone with “I would like to wish to do so” while the victim contact with the Defendant’s her former female-friendly job E, which was the same as the victim’s contact with the Defendant, and had the victim confirm the content of the Kakao Stockholm message.

After the defendant goes in the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness G;

1. Each police statement of H and E;

1. Investigation report (Preparation of the victim C statement and report on the current state), investigation report (medical certificate);

1. A death certificate;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Article of the Criminal Act concerning the facts constituting an offense, and Article 250 (1) of the Criminal Act selecting a penalty;

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

1. Scope of recommendations on the sentencing criteria / [type of punishment] homicide, general motive homicide [Determination on the recommended field] basic area (no special mitigation or aggravation factor] (Scope of recommending punishment] 9 years to 13 years; and

2. Although the decision of sentence does not have any previous conviction against the defendant, the defendant murdered the victim knife with a knife, human life has absolute value and dignity that no one can dispose of without permission due to the most respected value that the State or society should protect and it is difficult to receive for any reason.

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