However, the execution of the above punishment shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

On February 13, 2016, from around 20:07 to 20:31 on the same day, the Defendant, at the home of the Defendant, engaged in a dispute with the victim in the former Soyang-gun C lending 202 from around 20:0 to around 20:31 on the same day, brought the victim into mind to kill the victim in a timely manner, with the intention of killing the victim in excess of 13 cm (13 cm in length). However, the Defendant saw the victim into two parts, such as the victim, at a kitchen knife (32 cm in length) around the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the damage, and knife at one time the left part of the kitchen and the left part.

As a result, the Defendant attempted to murder the victim, but the victim was found to have been dispatched to the hospital immediately after receiving a report from the neighboring resident and sent the victim to the hospital, thereby causing only injury to the victim, such as an open upper part of the lower wall of the chest that requires approximately 4-6 weeks medical treatment, but did not bring about an attempted crime.

Summary of Evidence

1. Legal statement of the witness D;

1. Statement of examination of the accused by the prosecution;

1. Reporting on the situation of dispatch to the site of the case, reporting on the results of field identification, and replys to each request for appraisal;

1. Each protocol of seizure and photographs of seized articles;

1. On-site photographs, photographs of defendants, photographs of damaged parts, CCTV photographs, and CCTV images;

1. A doctor's opinion, each medical certificate is only a self-harm of the victim, and there is no knife, and even if the victim reaches knife, there was no intention to kill the victim;

The argument is asserted.

However, considering the situation at the time of the crime of this case, the type and shape of the deadly weapons used by the defendant, the victim's upper part and degree, and the frequency of the crime, which can be known through the above evidence, it is recognized that the defendant was knife with the intent of murdering the victim.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act (the occupation of attempted murder and the choice of organic imprisonment) concerning the crime;

1. Mitigation of attempted punishment: Article 25(2) and Article 55(1)3 (not applicable) of the Criminal Act;

1. Article 62 of the Criminal Act: