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(영문) 의정부지방법원 2016.03.30 2015고합401
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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

In addition, on July 2015, the applicant for the attachment order (hereinafter “Defendant”) borrowed KRW 1 million from the victim C (52 years old), who was the offender, and did not pay the same according to the promise, and was in arrears, around September 23, 2015, the victim was urged to pay the debt from the victim who was in telephone call with the victim on September 23, 2015, and the victim was able to kill the victim.

On September 23, 2015, the Defendant: (a) around 04:00 on September 23, 2015, to the victim in the name of the E pharmacy located in Speaker-si D; (b) whether the victim “I am, I am, I am, I am, I am well,” and:

In the end, after the words "gradation of death," the transitionage (21 cm in total length, 10 cm in length, 10 cm in length, No. 1) that was prepared and held in advance shall not be taken.

While the victim gets a part of the victim's clothes, the victim gets a knife with the knife of the victim, the victim gets a wind, followed by the victim's knife, and the victim tried to kill the part of the victim's knife with the victim's knife, the victim tried to kill the victim's knife with the victim's knife, but failed to commit the crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. C’s statement;

1. Application of Acts and subordinate statutes to the protocol of seizure and list of seizure, excessive photographic investigation report, and excessive blades;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. Article 62(1) of the Criminal Act on the stay of execution (The following sentencing conditions specified in Article 51 of the Criminal Act shall be considered);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Community Service Orders;

1. As to the assertion of the defendant and defense counsel under Article 48(1)1 of the Criminal Act, the defendant and defense counsel did not have the intent to kill the victim.

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