The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the period of three years from the date this judgment becomes final and conclusive.

The summary of the grounds for appeal explicitly withdrawn the mistake, misunderstanding of the legal principles and the assertion of mental and physical weakness on the second trial date.

The punishment sentenced by the court below against the defendant (the imprisonment of three years, the suspension of execution of five years, the community service order 120 hours, and the lecture attendance order 40 hours) is too unreasonable.

Before the judgment on the grounds for appeal ex officio, the prosecutor examined the facts of appeal ex officio, and the prosecutor applied for the amendment of indictment with the name of the crime, the applicable legal provisions, and the facts charged as follows, and the subject of the judgment by this court was changed. Thus, the judgment of the court below was no longer maintained.

Articles 254, 250(1) and 257(1) of the Criminal Act applicable to special injury resulting from murder committed before the change, which were charged by the Defendant. On April 16, 2016, at around 13:30, the Defendant 258-2(1) and Article 257(1) of the Criminal Act, the Defendant heard the victim E (51 years of age) who was working for the same workplace in the front of the Chang-si, Chang-si, Chang-si, Chang-si, Chang-si (C) and drinking, she sawd the victim E (51 years of age) and drinking from the victim in front of the workplace rent.

피고인은 직장 동료들 로부터 싸움을 제지 당하고도 화를 참지 못하고 발로 피해자의 얼굴 부위를 걷어찼고, 이에 피해 자로부터 ‘ 술 쳐 먹으면 개 다’ 라는 말을 듣자 순간 격분하여 피해자를 살해할 것을 마음먹고, 그곳에 있던 빈 맥주병 두 개를 양손에 집어 들어 교차하여 깨트린 후, 피해자에게 다가가 피해자의 목 부위를 양쪽에서 힘껏 찔러 피해자를 살해하려고 하였으나, 피해자에게 약 6 주간의 치료가 필요한 목 왼쪽의 개방성 손상 등의 상해를 가하는데 그쳐 살해의 뜻을 이루지 못하고 미수에 그쳤다.

On April 16, 2016, the Defendant had drinking the Victim E (51) and drinking at the Diallle City in Changwon-si, Changwon-si, Changwon-si C.