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(영문) 부산지방법원 동부지원 2017.06.13 2017고합72
살인미수
Text

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

excessive one percent (No. 1) seized shall be confiscated.

Reasons

Punishment of the crime

The defendant has no occupation and is between the victim C (62) and the victim C (62).

Defendant C and approximately seven years of communication, and Defendant C did not lend approximately KRW 5 million of the Defendant’s hospital operation expenses to the victim even though the victim was suffering from liver cancer, and did not live for a long time. As such, Defendant C did not talk with the victim.

The reason was that it was unreshed by the doping is that it was bad.

On April 13, 2017, at around 16:30 on April 13, 2017, the Defendant, in the residence of the above victim C, located in Suwon-gu, Busan (23cm in total, 13cm in length) and found that the Defendant was able to kill the victim and found the victim’s house in his/her dwelling and was in a living room of the victim, and led to the victim three times in total, such as where the Defendant was prepared in advance for the victim, one time on the right breast part of the victim’s chest, one time on the left chest, one time on the right shoulder part of the back part, and one time on the right off part of the direction.

Thus, although the defendant tried to kill the above victim, the victim did not go against the defendant's hand and resist his hand, and did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation reports and investigation reports (to hear statements from the counter party of the doctor in charge);

1. A medical certificate;

1. On-site photographs;

1. Application of the Acts and subordinate statutes in excess of one percent (No. 1) that has been seized;

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

2. Article 25 (2) and Article 55 (1) 3 (unauthorized Crime) of the Criminal Act mitigated by law;

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

1. Scope of punishment by law: Imprisonment with prison labor for not less than two years and not more than six months but not more than 15 years;

2. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] shall be punished by imprisonment with prison labor for two types (i.e., murder) (i., murder).

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