A defendant shall be punished by imprisonment for not less than two years and six months.

Punishment of the crime

피고인은 2015. 6. 24. 16:30경 전남 무안군 C에 있는 D 시장 내 ‘E’ 식당 앞에서 윷놀이를 구경하려다가 피해자 F(45세)과 시비가 되어 피해자와 멱살을 잡고 싸우던 중 피해자로부터 복부를 발로 가격당한 것에 순간 격분하여 피해자를 살해하기로 마음먹었다.

The defendant holds a knife (36 cm in total length, 23 cm in knife) on the part of the above "E" and stated that "the knife would be dead and knifed by the knife" to the victim, and the victim did not have a knife the part of the victim's knife to the face of the victim 2 to 3 times, and then knife the victim's face, and knife the victim's face, and knife the victim's left part to the wind to prevent the victim from having knife the victim's left part, and thereafter, the victim did not have a knife the victim's escape.

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

Summary of Evidence

1. Defendant's legal statement;

1. F Police suspect interrogation protocol;

1. Each police statement of G, H, I, and J;

1. Investigation report (victim F's photograph of damaged part of the victim F);

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to kitchen-blades, photographs, diagnostic certificates, and gene appraisal certificates;

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

1. Reasons for sentencing under Articles 25 (2) and 55 (1) 3 of the Criminal Act to be mitigated legally;

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years;

2. The range of recommendations on the sentencing guidelines [the scope of recommendations] the range of recommendations [the range of recommendations] set forth in Type II (General homicides) and the standards for describing the areas of special mitigation (1 year and two to eight years): Attempted murder (including voluntary mitigation), inducing victims (including serious efforts to recover from damage);

3. Compared scope of sentence and recommended sentence: Imprisonment with prison labor for not less than two years and not less than six months to eight years;

4. Determination of sentence: Imprisonment with prison labor for the crime of this case in a period of two years and six months, the defendant shall display the victim's face in a kitchen knife.