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 of the final judgment.

Punishment of the crime

Around 16:20 on August 27, 2013, the Defendant was aware of the victim D (year 51) and drinking alcohol, and caused the victim to wear the wall. However, he was aware of the victim’s horse that “does not bring about the victim’s body,” and collected a knife, a deadly weapon, which was placed on the victim’s floor, to kill the victim, and tried to kill the victim’s left chest part of the victim’s chest once with knife, but the victim attempted to kill the victim’s knife with knife with knife, but the victim attempted to injure the knife of the knife wall that requires approximately four weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Application of each investigation report, diagnosis report, on-site photographing statute;

1. Article 254 of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the applicable criminal facts, the choice of limited imprisonment;

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 (The following consideration shall be made again for the reason of sentencing);

1. Probation and community service order under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation,

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

1. Two years and six months to fifteen years from the date of imprisonment with prison labor for a prison labor in Acts;

2. Application of the sentencing criteria [Determination of type] homicide, murder of ordinary motive (special motive): Reduction element: Disapproval of punishment, serious reflect [the scope of recommending punishment] mitigation area, 2 years and 4 years to 8 years (the minimum of sentence range shall be reduced to 1/3, 2/3 years and the upper limit shall be reduced to 2/3 according to the scope of the recommended sentence for the crime of attempted murder)] - The main reasons for affirmative participation - There is no criminal history, - The reason for failure to carry out the punishment - The reason for failure to carry out the punishment : The serious reflectness;

3. Determination of sentence: Imprisonment with prison labor for three years, suspension of execution for five years, probation for three years, and community service for 80 hours;