살인미수
A defendant shall be punished by imprisonment for not less than three years and six months.
Seized evidence No. 1 shall be confiscated.
Punishment of the crime
피고인은 중국국적자로 약 6년 전부터 취업을 위해 입국하여 밀양시 C, 3호실에 거주하게 되었고, 피고인의 주거지 앞 D여인숙에 거주하던 피해자 E(50세)과는 평소 위 피해자가 피고인에게 “뗏놈”이라고 불러 사이가 좋지 않았다.
On May 24, 2015, the Defendant returned home while drinking at around 20:15, and thereafter, the Defendant argued with the victim on the ground that the victim scamscams and scamscams in the 9th room, which is adjacent to his own residence. However, the Defendant scamscams with the kitchen, which was in his kitchen, and scamscams with the said 9st room, and scamscams with the victim, but scamscam back to the Defendant’s room.
While the Defendant was in the above F and the room, the Defendant saw the victim's mind to kill the victim who is seeing that the victim "a person who gets off and takes a bath," and obstructed him from leaving the room, dumping the delivery of the above F, such as 32 centimeters in total length and knife the kitchen (21 centimeters in total length) with the kitchen, and takes a bath mutually with the victim, and argued that the victim knife knife knife knife knife knife knife knife knife knife knife knife knife into the mouth.
Accordingly, although the defendant tried to kill the victim, the above F reported the police to the police, so that the defendant failed to commit the wind to transfer the victim to the hospital.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made by the prosecution with respect to F;
1. Statement of each police statement of G and E;
1. A written request for medical treatment and a written opinion;
1. Existing presence under subparagraph 1 of this Article;
1. Application of Acts and subordinate statutes to a report on investigation (Attachment of On-Site photographs);
1. Relevant Article of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the choice of punishment;
1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances deemed to be the following reasons for sentencing):
1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;
1. Legal provisions;