2020 Gohap362 Attempted homicide

A, 1970 N, South, and North

Residence

Reference domicile

Kim U.S. (Lawsuits), Park Jong-chul, and Kim Jong-kak (Trial)

Attorney Park Sung-ho

may 7, 2021

A defendant shall be punished by imprisonment for three years.

Seized evidence No. 1 shall be confiscated.

Punishment of the crime

The Defendant and the victim B (Nam, 43 years old) worked together with C Heavy Industries Cooperation Company for two to three years. The Defendant retired from office and moved to another workplace for eight months prior to the retirement of the C Heavy Industries Cooperation Company. However, on October 27, 2020, the Defendant visited the victim, who is the head of the headquarters of the cooperative company, to seek jobs at the C Heavy Industries Cooperation Company upon the retirement of the workplace on October 27, 2020. On the same day, the Defendant d drinking alcohol while drinking the victim at the E restaurant located in Ulsandong-gu, Ulsan-gu, Busan.

After drinking with the victim, the defendant moved 19:0 on the same day to the port of 19:0, and 22:00 on the same day, he saw that he would be able to drink at a nearby knives house. As above, while the defendant continued to drink with the victim, she would 190,000 won per day change her word to her, she would be able to her to her knife at the right knife by inserting the knife at the right knife knife, and her knife the knife at the right knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

Although the Defendant attempted to murder the victim as above, the Defendant did so, while the knife knife knife knife knife knife knife knife knife knife knife on the left side, knife knife knife knife knife knife knife on the bones, and knife knife knife on the bones.

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

1. Reduction of a small amount;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for not less than two years and not less than six months to 15 years;

2. Scope of recommended sentences according to the sentencing criteria;

[Determination of Punishment] homicide [Type 2] Ordinary homicide

[Special Sentencings] Reductions: Reductions (including serious efforts for recovery of damage)

[Recommendation and Scope of Recommendations] Reduction Area, 2 years to 4 years to 8 years (the scope of punishment against the crime of attempted murder shall be reduced to 1/3 and the upper limit shall be reduced to 2/3, respectively).

【Scope of Recommendations as amended in accordance with the applicable sentence】

From June to 8 years of imprisonment (in a case where the lowest limit of the range of sentence recommended by the sentencing criteria is inconsistent with the lower limit of the applicable sentencing standards by law, it shall be based on the lower limit of the applicable sentencing standards by law).

3. Determination of sentence: Three years of imprisonment; and

The crime of this case is committed in a knife knife connected to the knife of the defendant to murder the victim's left eye and attempted to kill the victim. The knife enters the victim's left eye and sciffed with the left eye, and knife the victim's eye, and knife it on the bones, and knife the victim's bones. The doctor who treated the victim could have caused serious damage to the brain even though knife with the knife, and the left eye did not knife on the knife. Although the crime of this case was committed in an attempted crime and there was a favorable circumstance for the defendant as follows, the defendant cannot be held liable for the crime corresponding to the crime of this case in consideration of the fact that the knife is extremely dangerous and the victim suffered serious physical and mental pain, such as undergoing several operations, etc.

However, in consideration of the fact that the defendant acknowledges and reflects the crime, that the defendant agreed with the victim, that the defendant committed the crime of this case by contingency, that the victim's snow or that there was no permanent disorder, that there was no history of punishment exceeding the fine, and that there was no history of punishment by the defendant in excess of the fine, and that the sentencing guidelines specified in Article 51 of the Criminal Act as stated in the records are all determined

Judges Park Jae-chul

Judges Kim Shin-hoon

Judges Movek