208Gohap498 Murder Attempted

A (51years, South Korea)

Fluorent Number

Attorney Cho Young-chul

September 9, 2008

A defendant shall be punished by imprisonment for three years.

The 54 days of detention before this judgment is sentenced shall be included in the above sentence.

except that the execution of the above sentence shall be suspended for five years from the date this judgment became final and conclusive.

The defendant shall be ordered to attend 160 hours of the alcohol treatment lecture.

A knife knife (No. 1), a knife knife knife knife (No. 2) shall be confiscated.

Criminal facts

On July 15, 2008, the Defendant: (a) assaulted the Victim V1 (year 57), who is one’s own wife, to avoid the wind; (b) assaulted the Victim V2 (year 53) who was in close relation with V1 on July 16, 2008; (c) assaulted the Victim V1, who was in close relation with V1 on his own house to protect the Defendant, and tried to kill the victims by failing to return to his house until the following day, at around 19:00, 51 on July 16, 2008.

At around 08:45 on July 17, 2008, V2 was found in the restaurant operated by V2 in Busan, Busan, but V2 tried to kill the left chest part of V2 in the first preparation knife on one occasion, but V2 did not go to the wind, but did not carry the intention of killing on the left part of f2 weeks of the wind, and the escape continued to go to the after part of the restaurant in the room, and the V1 tried to kill the flife with knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

Summary of Evidence

Omission

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 254 and 250(1) of the Criminal Act (Selection of Imprisonment with prison labor)

1. Attempted mitigation;

Articles 25(2) and 55(1)3 of the Criminal Act

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (aggravating concurrent crimes with punishment prescribed in the crime of attempted murder against a victim 51 heavier than that of an offense)

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (Taking into account the fact that the defendant is against the defendant, the first offender, the agreement with the victims, and the fact that the victim 51 appears not to want the punishment of the defendant in the truth, such as appointment of counsel of the defendant and agreement with the victim 52 on behalf of the defendant, etc.)

1. Order to attend lectures;

Article 62-2 of the Criminal Act

1. Confiscation;

Judgment on the defense counsel's assertion under Article 48 (1) 1 of the Criminal Act

The defense counsel asserts that the Defendant was in a state of mental disability under the influence of alcohol at the time of committing the instant crime. According to the above evidence, even though the Defendant was aware that he had diced a little amount of alcohol at the time of committing the instant crime, it does not seem to have reached a weak state of ability to discern things or make decisions. Accordingly, the defense counsel’s assertion is rejected

The presiding judge, the senior judge

Judges Nationwide

Judges Shin Jae-sung