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

Punishment of the crime

피고인은 피해자 D(남, 48세)가 근무하는 주식회사 E 필리핀 현지법인을 통하여 필리핀 팡팡가주 F 주택단지 G 타운하우스를 구입하면서 피해자를 알게 되었는바, 피고인이 구입한 집에 하자가 발생하여 보수를 요청하였으나 자신의 뜻대로 하자 보수가 이루어지지 않자 심한 불만을 품고 있었다.

On August 23, 2012, at around 15:00, the defendant's house of the head of the other canal box above, the victim made a conversation with the victim who visited in order to raise the problem of repair of defects, and the victim's following behind the victim who was seated in the defendant's request is " why is not promptly complete the repair of this defect", and the victim's head, face, chest, breast, and neck are flicked in a number of the victim's head, face, chest, and flick golf (7 hyar) reported by the defendant. Accordingly, even though the victim's head makes it possible to escape from the victim's head, the victim tried to kill the victim by "the flicking" and thereby making the victim head of the above golf.

However, on the wind of the victim's perfect resistance, the victim did not want to kill the victim in order to put about two weeks of treatment to the victim, and did not commit an attempted crime.

Summary of Evidence

1. Statements made by the defendant in part of the first trial records (the purport that the head of the victim has been unloaded once into golf loans as stated in its reasoning);

1. Legal statement of witness D;

1. Statement made to D by the police;

1. Certificates, rulings, and current status of entry and departure of individuals;

1. A written diagnosis of injury;

1. A victim photograph;

1. Application of Acts and subordinate statutes to the report on stenographic recording;

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

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;