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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant lent approximately KRW 75 million to the victim C (year 30) who had known about four years ago, but on September 15, 2014, the Defendant sought the Egallon operated by the victim in Jongno-gu Seoul, Jongno-gu, Seoul, and demanded the victim to repay his/her obligation, but instead, the Defendant sought again the aforementioned Egallon in order to kill the victim and murdering the victim, and then sought the said gallon (total length length 33 cm) operated by the victim, while the victim did not repay his/her obligation due to the gallon.
At around 13:00 on September 15, 2014, the Defendant intended to kill the victim by taking out the gallon of the victim's gallon that the victim had been prepared to refuse the payment of the obligation to the victim. However, the Defendant attempted to kill the victim by unfolding the gallon of the victim's gallon, so that the gallon part was left above the victim's gallon and the victim was able to remove the victim's body and check the victim's body.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Investigation reports (in the emergency room of the Seoul Metropolitan Government Hospital, medical doctors and interview and investigation of victims), each investigation report (attached photographs of the body of the victim), field photographs, investigation reports (verification of the number of suspects), 112 report details, investigation reports (verification of the number of suspects), and reports on the status of damage);
1. A written opinion and an injury diagnosis report;
1. Application of the records of seizure and the list of seized articles, and Acts and subordinate statutes;
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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);
1. Confiscation Article 48 of the Criminal Act