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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
The defendant is a foreigner of Chinese nationality.
On February 19, 2015, the Defendant drinked with the same nationality C, D, victim E (50 years of age) and alcoholic beverage, which is a volunteer fee worked at the same human resource office, and went to the Fudio 405 in Y-gu, Changwon-si, Changwon-si, which is a residence of C and the victim has also been a residence of C around 22:00 on the same day.
The Defendant admonished the victim of a brutous burging burgical burgical burging, and the victim who caused the burgical burgical burgical 20cm in the kitchen was burgical burging.
The defendant's knife the above knife, the victim called "if there is any knife, knife." to the defendant.
Therefore, the Defendant, in mind of murdering the victim by breaking down the above knife, reached one time the left chest of the victim's chest with the above knife, but the knife was just flife of the victim's knife, and the knife was flife of the victim's knife, and C filed 119 report so that it could promptly move the victim to the hospital to receive emergency treatment, but did not commit an attempted crime.
Summary of Evidence
1. Partial statement of the defendant;
1. Each prosecutor's protocol of examination of the accused;
1. Each police statement to C and victim E;
1. A medical certificate;
1. The actual condition survey report;
1. The list of seized articles, photographs, voluntary submission, each protocol of seizure, and each list of seizure;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Article 254 of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the applicable criminal facts, the choice of limited imprisonment;
1. Determination on the assertion by the defendant and his/her defense counsel under Articles 25(2) and 55(1)3 of the Criminal Act for mitigation of attempted mitigation
1. The summary of the argument was that the defendant inflicted a bodily injury on the victim in knife, but there was no intention to kill the victim.
2. In light of the following circumstances acknowledged by the evidence revealed earlier and objective circumstances before and after the commission of the crime, it shall be sufficient that the Defendant had the negligence of murder at least.