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A defendant shall be punished by imprisonment for three years.
A seized knife (No. 1) shall be confiscated.
Reasons
Punishment of the crime
Around July 4, 2016, the Defendant initially frankd with the Victim F (year 43) who was aware of in the process of performing a construction work at a “D” restaurant located in Chungcheongnam-si, Chungcheongnam-si.
At around 19:50 on the same day, the Defendant got knee, knee, etc. from the floor while smoking tobacco outside the above restaurant. However, the Defendant misleads the victim that he was under the influence of alcohol and became knee, etc., by misunderstanding that he was under the influence of alcohol and became knee, the Defendant got knee, etc. to the Defendant’s house in Chungcheong City G.
At 21:00 on the same day, the Defendant reported a knife ( approximately 19cm in total length, approximately 8cm in length on the knife) that was dangerous to the knife of the knife while the Defendant was staying together with H in order to resist the victim, and returned to the above knife with the knife and the knife.
In order to kill the victim, the Defendant continued to drink at the same time, and had the rear part of the victim with the knife knife knife knife knife knife knife knife 15cm in length and 1cm in depth. However, the Defendant lost the victim's knife knife knife.
Accordingly, the defendant attempted to kill the victim and attempted to do so.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to E, F, H, I, and J;
1. Seizure records;
1. Certificates of medical treatment;
1. Application of Acts and subordinate statutes concerning blades, photographs and damaged photographs;
1. Relevant Article of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the choice of punishment;
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. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;
1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and
2. The scope of recommended sentences according to the sentencing criteria (the determination of types) and the factors to mitigate types 2 (the murder by ordinary motive): The purpose of restoring damage caused by failure to punish.