A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

On September 8, 2014, at around 00:40, the Defendant, along with the victim C (the age of 31) and two other persons, drinked, and was in front of the E convenience point located in Kimhae-si D, the Defendant’s residence, the Defendant was in front of the E convenience point in Kimhae-si, the Defendant’s residence. The Defendant was in front of the Defendant’s residence, and was in front of the Defendant’s face once,

Accordingly, the defendant has been living together with approximately 70 meters away from the E convenience store and has a transition (total length 21cm, 11cm in length, 11cm in length, 10cm in number) in the kitchen of the defendant's dwelling, and has reached about 10cm in depth, and has reached about 10cm in depth.

Although the Defendant tried to kill the victim as above, the Defendant attempted to kill the victim, but did not receive the victim’s injury of the days of treatment, and attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and C;

1. Seizure records and each investigation report;

1. Application of Acts and subordinate statutes to five on-site photographs, eight CCTV photographs within convenience stores, written reports on appraisal, commission and appointment, and copies of emergency records;

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

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Application of the sentencing criteria (determination of types), Category 2 (Attempted homicide) (Murder of homicide) and Category 2 (Attempted homicide) [The scope of recommending punishment] [the scope of recommending punishment] imprisonment for 2 years and 4 months to 8 years (the crime of mitigation and attempted crime is committed, and the minimum limit of the sentencing range is reduced to 1/3 and the upper limit is reduced to 2/3, respectively);

2. Criteria for the suspension of execution (major reasons for the suspension of execution), prides (general reasons for consideration), serious reflects, and carrying dangerous articles;

3. Determination of sentence: Imprisonment with prison labor for three years, and suspended execution for five years, the crime of this case is committed by a foreign national, resulting in an attempted murder of a victim in knife by the end of the trial with the victim of the same foreign nationality, and the victim is committed accordingly.