Residence 00

Reference domicile 00

Attorney Lee Jong-won

Seized one knife (No. 1) and one knife (No. 2) shall be confiscated, respectively.

The defendant and the victim B (the age of 48) are between the tenants living in the building located in Songpa-gu Seoul Metropolitan Government 00.

On January 21, 2019: at around 44:4, the Defendant demanded the victim to be out of a line that was used by the victim on the ground that he would be seen as a victim’s face, but the victim refused to do so and forced the victim to go out of a line that was used on the ground that he would be seen as a victim’s face. The Defendant asked the victim to get out of a line that was used by the victim on the ground that he would be seen as a victim’s face.

For this reason, the defendant and the victim have caused an oral dispute. During a dispute, the defendant's face had been raised once due to his/her bad loss, and the victim has raised one time due to his/her bad loss, and the victim has sworn his/her face one time due to his/her bad loss, and the defendant has taken a deadly weapon prepared in advance (10cm in length, 20cm in total: 20cm in his/her hand) into his/her hand, and tried to put the victim's clothes in order to kill the victim, but he/she has tried to put the victim's part of the victim's neck continuously, but he/she has tried to put the victim's part of the part of the victim's neck, which requires a medical treatment for about six weeks.

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

Summary of Evidence

1. Legal statement of the witness B;

1. Statement to C by the police;

1. Investigation report (the state of a victim), internal investigation report (on-site investigation and on-site photographing), investigation report (to be accompanied by telephone conversations of a witness), investigation report (the state of clothes when a suspect is arrested in the act of crime), investigation report (to be accompanied by a statement of opinion), investigation report (to be accompanied by a copy of a certificate of medical record), investigation report (related to the delivery of a gene appraisal report); and investigation report (the relationship between the delivery of a gene appraisal report

1. Each CCTV CD;

1. Seizure records;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 254 and 250 (Selection of Imprisonment)

1. Attempted mitigation;

Articles 25(2) and 55(1)3 of the Criminal Act

1. Confiscation;

1. The scope of punishment by law: Imprisonment with prison labor for a period of two years and six months to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

[Determination of Type] homicide / [Type 2] Ordinary homicide homicide / None of a special person

[Recommendation and Scope of Recommendation] Basic Field of Punishment, 3 years to April 10 and 10 years (The scope of punishment against attempted murder shall be reduced to 1/3, the upper limit to 2/3, respectively, and the upper limit shall be reduced to 20 years, 3 years to 2/3, respectively, and 4 years imprisonment, respectively).

Considering the fact that the Defendant attempted to kill the victim in knife and attempted to kill the victim, the nature of the crime is very poor, that the victim suffered a big wound such as clothes and descendants, which may cause danger to the life of the victim, and that the Defendant did not receive a letter from the victim, it is inevitable to severely punish the Defendant.

However, the sentence shall be determined as ordered by comprehensively taking into account the following factors: (a) the defendant has no record of crime and seems to have caused the crime of this case by contingency; and (b) the defendant's age, environment, family relationship, circumstances and results of the crime of this case; and (c) all of the sentencing conditions specified in the records and arguments, including the circumstances after

Judges Choi Sung-sung

Judges Mung-chan