A defendant shall be punished by imprisonment for three years.

Punishment of the crime

The defendant was aware of the victim C (the age of 49) and the victim was thought to be not the victim's desire for himself at ordinary times.

At around 01:00 on May 14, 201, the Defendant intending to kill the victim once with knife, a deadly weapons, etc., which were in possession, while getting on and driving a vehicle with the victim, and getting the victim to get off the knife from the knife in front of the Egnife in Gwangju-si, Gwangju-si, and attempted to murder the victim, but the Defendant failed to complete the attempt by carrying about about six weeks of the open upper part of the knife of the knife requiring treatment.

Summary of Evidence

1. Partial statements of the defendant in the first protocol of trial;

1. Statement of C by a witness in the second protocol of trial;

1. A medical certificate;

1. Application of statutes on images of on-site photographs;

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

1. The defendant and his/her defense counsel's assertion of the defendant and his/her defense counsel under Articles 25 (2) and 55 (1) 3 of the Criminal Act for mitigation of attempted crimes asserts that although the defendant had a knife with the victim as stated in the facts of the crime, he/she did not intend murder.

The intention of murder does not necessarily require the purpose or planned intention of murder, but it is sufficient to recognize or anticipate the possibility or risk of causing the death of another person due to his own act, and its perception or prediction is not only conclusive, but also a so-called willful negligence. In a case where the defendant asserts that there was no intention of murder at the time of committing the crime and only was only the intention of bodily injury or assault, the issue of whether the defendant had the intention of murder at the time of committing the crime is the background leading up to the crime, motive for committing the crime, existence and type of the prepared deadly weapon, the part and repetition of the attack, and the death.