Text
Defendant shall be punished by imprisonment for not less than two years and six months.
except that the execution of the above sentence shall be suspended for five years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
A victim B (the age of 49) of the same nationality as the defendant, who is a foreigner of Uzbekistan nationality, is a dynamic relationship with the same workplace.
The Defendant, from around 18:00 on March 2, 2019 to late at night, committed a daily strike with workplace clubs, including the victim, from around 18:0 to around 3, 2019, with the Defendant’s employees living together in Daegu-si, Daegu-si, and the third floor.
On the following day, at around 02:20, the Defendant: (a) opened a door at hand and tried to kill the part of the victim’s knife, which is a dangerous object used in a drunken state at the entrance of the victim of E heading at the above location; (b) opened a door at hand; and (c) tried to kill the victim’s knife at one time; but (d) tried to inflict an open part of the other parts in need of treatment for about two weeks.
Accordingly, the defendant tried to kill the victim, but did not commit it but did not commit an attempted crime.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness B;
1. The police search list and records of seizure;
1. Each investigation report (the sequence 9, 10, 13 of the evidence list);
1. Application of Acts and subordinate statutes to the place of initial records, medical records, and diagnosis results;
1. Relevant Article of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the choice of punishment;
1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;
1. Determination as to the Defendant’s assertion of Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2007
1. The summary of the argument is that the Defendant satisfies the body of the victim with the satisfies for both sides (hereinafter “satisfies”), but it is not true that the Defendant intentionally satched the victim’s satisfies.
2. Determination
(a)in the case of murdering or attempted murder, it includes recognizing or forecasting the possibility or risk of causing death to another person, and its perception or prediction;