A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

At around 20:40 on February 4, 2020, the Defendant agreed to buy insurance by the Defendant’s seat before the Incheon Gyeyang-gu B apartment guard room on the following grounds: (a) on the ground that the victim C (the age of 58) who was known to the Defendant, agreed to buy insurance through the Defendant’s seat, but did not take out the insurance, brought about the death only, and (b) on the dangerous things ( approximately 23 cm in total length, approximately 13 cm in knife length). On the other hand, the Defendant used the victim’s left shoulder part, which is about 5 weeks of medical treatment, and caused damage, heat, etc. to the Defendant’s shoulder, which requires approximately 5 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The list of seized articles;

1. A medical certificate;

1. Application of Acts and subordinate statutes to victim photographs and deadly weapons photographs;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act (a prosecutor is seeking the confiscation of a knife (Evidence No. 1) used for the instant crime, but according to the police interrogation protocol written on the accused, the Defendant appears to have brought the knife from the above knife to the upper body. Therefore, it cannot be readily concluded that the knife does not belong to a person other than the offender,

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes [the category 1] Special Injury (Special Bodily Inflicting Person] Special Injury (the scope of recommending area and recommending punishment] mitigation area, reduction area, imprisonment for four months to one year [the scope of recommending punishment corrected according to the applicable sentencing], and the lower limit of the sentencing range recommended in the sentencing guidelines for six months to one year is inconsistent with the lower limit of the applicable sentencing range under law, so the lower limit of the applicable sentencing range is set at the statutory minimum of the applicable sentencing range.