1. Status before crimes;

피고인은 울산선적 예인선 ▲▲호의 갑판장으로 승무하는 자이다 .

At around 05:50 on January 9, 2015, the Defendant: (a) was at the rest room in the above vessel waiting at the south-gu Manpo-dong (35°30 minutes north latitude, 129°23 minutes east longitude) south-gu, Ulsan-gu, U.S. Mapo-dong; (b) the Defendant, who was the victim, was faced with the death of the head of Ma○○ (52 years old) who was the victim while under the influence of alcohol, was at the time of the alcohol, and was unable to frightly fright the alcohol at that time.

At this time, the mate ○○, who was operating a ship at the steering house of the above ship, listens to the sound of the Defendant and the victim fighting, and the broadcast "on the deck (Defendant) and the bhead (in the steering house)", and "on the part of the Defendant, who was going to the steering house, she saw the Defendant as the steering house "on the part of the Defendant," and she drank the Defendant as "on the part of the Defendant." However, even though the Defendant she did so, she did so, she did so, she did so to the victim who was listed the Defendant on the steering house as the Defendant, and she did so to the victim because she did not go to the close.

2. Status at the time of committing the crime;

On January 9, 2015: around 06: 00, the Defendant: (a) fighting a horse at a rest room with the victim again; (b) fighting the victim, and (c) kid the victim’s head was knife at the end of the knife with the victim; (d) knife at the rest room and knife the victim used; (e) knife at the end of the knife; and (e) knife at the end of the knife; and (e) knife at the end of the knife; and (e) knife at the end of the knife; (e) knife at the end of the knife; and (e) knife at the end of the knife; and (e) knife the victim’s knife at the end of the knife; and (f) k.

Accordingly, the defendant tried to kill the victim and attempted to do so.

Summary of Evidence

1. The defendant's partial statement in court;

1. Legal statement of the witness ○○○;

1. Statement of the police about the maximum 00;

1. Reports of internal investigation (on-site inspection, etc.), internal investigation reports (to hear statements made by victims), and investigation reports (to injure victims);

Opinions of intention and injury investigation, etc.), investigation report (119 reported call details and emergency medical services confirmation)

-) A criminal investigation report (to hear the statements of the victim - ○○ and to report telephone recording, etc.), a criminal investigation report (to put the victim in the criminal investigation report)

(1) Reporting on hearing of the opinion of a party);

1. On-site documentary evidence, photographs, opinions, photographs similar to the knife used for committing the crime, reports on the request for appraisal, and materials related to the crime;

Domination photographs, response to request for cooperation with investigation, fact-finding report, victim's refluence photographs

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Articles 254 and 250(1) of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following circumstances considered in favor of the reasons for sentencing)

Judgment on the argument of the defendant and defense counsel

1. Summary of the assertion

A. Although the defendant had a knife of the victim as stated in the facts charged, he did not intend to kill the victim.

B. The Defendant voluntarily discontinued the instant crime, and thus constitutes an attempted suspension.

C. At the time of committing the instant crime, the Defendant was in a state of her blood alcohol content of 0.170 or 174% on October 17, 200, and thus was in a state of mental disorder.

2. Determination

A. Determination as to murder intention

(1) In the crime of murder, the intent of murder does not necessarily need to be recognized as having the intention of murdering or planned, and it is sufficient to recognize or anticipate the possibility or risk of causing the death of another person due to one’s own act, and its recognition or prediction is not only conclusive but also an uncertain intent is acknowledged as dolusent intent. Whether there was a criminal intent of murder to another person at the time of committing the crime ought to be determined by comprehensively taking account of the objective circumstances before and after the crime, such as the background leading up to the crime, motive for committing the crime, the type of deadly weapons prepared, the motive for committing the crime, the volume and repetition of the prepared deadly weapons, the likelihood of causing the death, etc. (see Supreme Court Decision 2006Do734, Apr. 14, 2006, etc.).

(2) Comprehensively taking account of the above legal principles, the following circumstances acknowledged by this court as follows: ① the Defendant was on board as his own initiative and appears to have had good appraisal; ② the Defendant was on the part of the Defendant at the time of committing the instant crime, such as the victim’s knife’s knife and knife’s knife and knife’s knife and knife’s knife’s knife’s knife and knife’s knife’s knife’s knife and knife’s knife’s knife’s knife’s knife’s knife and knife’s knife’s knife’s knife’s knife’s knife’s knife.

B. Determination on the assertion about attempted suspension

(1) An act of commission of a crime is to be commenced and the act of commission of a crime is suspended at one’s own free will before the crime is completed, unless the suspension by a person appears to be an attempted crime due to a disability under the general social norms (see Supreme Court Decision 193Do1851 delivered on October 12, 1993, etc.).

(2) In light of the above legal principles, the following circumstances acknowledged by this court's lawfully adopted and investigated crime: ① At the time the witness ○○ was entered a restaurant, the victim was not in a situation where the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.)

C. Determination as to the claim of mental disability

The defendant and his defense counsel asserted that the defendant was drunk at the time of the crime in this case and was in a state of mental disorder. However, in light of the motive and circumstance of the crime in this case and the process of the crime in this case and the defendant's speech and behavior immediately after the crime in this case, even though they were drunk at the time of the crime in this case, they do not seem to have reached the state of lacking the ability to discern things or make decisions. Accordingly, this part of the defendant's assertion is rejected.

Reasons for sentencing

1. Scope of applicable sentences under Acts: Two years and six months to fifteen years; and

2. Scope of the recommended sentencing criteria; and

[Determination of Type] 2 homicide (General Mosing homicide)

[Special Mitigations] Ad Hoc (including serious efforts for the recovery of damage)

[Scope of Recommendation] Two years to 8 years

(Inasmuch as it is a crime of attempted murder, the lower limit of the scope of sentence shall be 1/3, and the upper limit shall be 2/3, respectively)

3. Determination of sentence;

The crime of this case was committed with a victim who had a sound appraisal and who tried to kill the victim's knife in knife with knife, and the victim's knife to murder the victim's knife. As a result of the crime of this case, the victim could have caused a serious risk of knife the victim's knife. As a result of the serious injury caused by the crime of this case, it seems that approximately three months of treatment is necessary to recover the physical ability and return to the existing work, and it is consistent with the attitude that the defendant does not memory the crime of this case under the influence of alcohol from the investigative agency to the court, and there is doubt as to whether the defendant's knife reflects the criminal act of this case.

However, considering the circumstances favorable to the defendant, such as the fact that the crime of this case was committed in attempted crimes, the defendant reported to 119 immediately after the crime of this case, the fact that the victim does not want the punishment of the defendant by mutual consent with the victim, and the defendant has no record of punishment except for the two previous crimes, the punishment shall be determined as ordered within the scope of the above sentencing guidelines, taking into account all the sentencing conditions shown in the arguments of this case, including the defendant's age, family relation, criminal relation, criminal records, character and conduct, environment, means and method of the crime, motive and circumstance of the crime, and circumstances after the crime.

Judges Choi Jae-won

Judges Choi Min-young

2) Evidence No. 36, 219, 220 pages

3) Evidence records No. 42 to 43

4) Evidence No. 46, 77 pages

5) 73 to 76 pages of evidence records

6) Evidence No. 227 pages