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

around 05:00 on March 26, 2015, the Defendant entered the “E” operated by the victim D (the age of 61) who had been in possession of the victim’s arms on the part of the victim on March 26, 2015, and moved the kitchen knife (20cm length, total length of 31cm) into the victim’s neck and the chest, and took the kitchen knife on the part of the victim, and “30,000 won, if there is no money, 30,000 won, she is called a tax base return, tax base return, etc., even if there is no money.” However, the Defendant attempted to take money and valuables from the victim on the part of the victim by putting the victim into the wall so as to prevent the victim from resisting, but the victim did not have the intention to escape and attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure, each investigation report (Attachment, such as attachment of criminal behavior tools and site photographs, and F's telephone statement hearing);

1. Article 342, 334 (2) and (1), and 333 of the Criminal Act applicable to the crimes and Articles 342, 334 (2) and (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The defendant and his defense counsel asserts that there was a state of mental disorder caused by mental disorder, such as soul or depression, at the time of committing the crime.

According to the evidence adopted and examined by this court, even though the defendant was under the influence of alcohol at the time of committing the crime, in view of various circumstances, such as the circumstances acknowledged by each of the above evidence, the method of the crime, the act of the defendant before and after the crime, etc., it does not seem that the defendant had the ability to discern things or make decisions at the time of committing the crime.