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(영문) 춘천지방법원 원주지원 2016.01.26 2015고단912
살인예비
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Criminal facts

At around 03:00 on October 2, 2015, the Defendant: (a) sent to the Defendant’s residence located in G and made telephone conversations with Ha on the Defendant’s home in Haju-si; and (b) C. H (“I to die in the future of Korea”; (c) took a deadly weapon (12.5cm in length and 25cm in total) and went out of H’s residence; and (d) took part in the vicinity of the I apartment complex in Haju-si, where H’s residence is located.

As a result, the defendant carried the above excessive amount, which is a deadly weapon that is likely to be used for crimes such as violence, without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of the witness H and J;

1. Statement made by the police with H;

1. A protocol of seizure and a list of seizure;

1. Notification to a department related to reporting 112 cases;

1. Application of on-site photographs, details of mobile phone calls, and text messages photographs of statutes;

1. Article 7 of the relevant Act and the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 7 of the Punishment of Violences, etc. and Selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case committed under Article 334(1) of the Criminal Procedure Act with regard to the sentencing of Article 334(1) of the Criminal Procedure Act was under the influence of alcohol, and the defendant did not pose a threat to H or another person with a deadly weapon carried by him or did not commit any dangerous act.

And there is no history of criminal punishment against the defendant's wrong and there is no history of criminal punishment.

The punishment shall be determined as ordered by taking into account such circumstances and the defendant's age, occupation, sex, the details of the crime, and the circumstances after the crime.

Judgment on the primary facts charged

1. In the facts charged, the Defendant is between the victim H(23) and the Dongsung High School.

On October 2, 2015, the Defendant: (a) thought that in the Defendant’s residence located in G around 03:00 on October 2, 2015, the Defendant had demanded the Defendant to engage in a sexual intercourse with the Defendant’s female-friendly body; (b) however, the Defendant was able to have the victim talked with the victim at all, but the victim did not seem to have an attitude of reflect; and (c) “I will die in the future of Korea.”

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