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

From the beginning of 2013, the Defendant was living together with the victim B (son, 44 years old) from the beginning of the year 2013. The Defendant did not have good appraisal due to frequent use of the financial problem of the victim.

피고인은 2014. 3. 4. 23:30경 남양주시 C아파트 D호에 있는 피고인의 집에서 지인 E와 술을 마시며 자신의 고충을 토로하던 중, 이를 발견한 피해자가 자신을 험담하는 것으로 알고 화가 나 피고인의 술상을 뒤엎고 피고인을 마구 때리자, 순간 격분하여 주방 싱크대 위에 있던 식칼(칼날길이 약 20cm )을 발견하고 칼끝이 아래를 향하도록 칼자루를 움켜쥔 다음 피해자의 왼쪽 가슴 부위와 왼쪽 옆구리 부위를 각 1회씩 힘껏 찔러 피해자를 살해하려고 하였으나, 피해자가 도망가는 바람에 그 뜻을 이루지 못하고 미수에 그쳤다.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement B, F, and E of each police officer's written statement, a certificate of mandatory records, a copy of opinion,

1. Relevant Article of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the choice of punishment;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for a period of one year and three to seven years and six months;

2. The scope of recommended punishment according to the sentencing guidelines [the range of recommended punishment] [the range of punishment [the type 2] ordinary motive murder [the elements of mitigation]: the causing of the victim, including efforts to recover damage] [the scope of recommended area and recommended punishment] special mitigation area, the range of punishment for a year one year and two months to eight years shall be applied by reducing the lowest limit of the above sentence to 1/3 and the upper limit to 2/3, respectively: Provided, That the term "weapons" shall be reduced to 20 years or more, the term "weapons" shall be mitigated to 20 years or more, and the term "weapons" shall be mitigated to 20 years or more, and the term "organics" shall be mitigated to 1 year imprisonment with prison labor as revised according to the applicable sentence] (the term of imprisonment with prison labor for one year as revised.