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 this judgment becomes final and conclusive.

Punishment of the crime

On July 17, 2015, the Defendant: (a) while drinking mixed alcohol in “G” located in Seogugugu, Daegu, on July 23:50, the Defendant: (b) thought that the victim H (the age of 46) who was a customer drinking alcohol in other tables entered the toilet; (c) did not intend to kill the victim in a knife with a knife without any reason; (d) took a knife a deadly weapon (the total length of 20cc and 10cc in the knife length) that was located in the Defendant’s mountain room at the time, carried the victim into the toilet, and entered the toilet with the victim’s left side, so far as the part of the victim’s knife was turned into the above over, but knife, as seen above, did not ask the victim of an attempted injury to the victim, such as murdering the victim, and did not carry out an attempted treatment of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H, I, and J;

1. Protocols of seizure and list of seizure, report on investigation (Attachment to excessive photographs which are seized), excessive photographs;

1. Application of Acts and subordinate statutes, such as a report on the arrest of flagrant offenders, a report on internal investigation (a counter investigation of a victim's surgery), each investigation report (in relation to attachment to field photographs, etc., report on the results of an investigation, such as a witness, CCTV, etc., attachment of a medical certificate, attachment of a witness, and request for appraisal), screen pictures of suspects, suspect photographs,

1. The Defendant’s defense counsel asserts to the effect that the Defendant was in a state of mental disability under the influence of alcohol at the time of committing the instant crime. As such, according to the aforementioned evidence, it is acknowledged that the Defendant had drinking alcohol at the time of committing the instant crime, but the Defendant was aware of the fact that he was under the influence of alcohol at the time of committing the instant crime. However, at the time of the first investigation, the Defendant saw that he was under the influence of drinking alcohol by drinking alcohol to G in the future and was under the influence of drinking alcohol, and that the customer was under the influence of drinking alcohol at the time of receiving the first investigation, and was included in a mountain room, such as reporting that the customer would go under the toilet.