A defendant shall be punished by imprisonment for five years.

One (Evidence No. 1) seized shall be forfeited from the accused.

Punishment of the crime

피고인은 2018. 3. 14. 18:30 경 인천 남구 C 지하 1 층에 있는 피고인의 주거지에서 평소 동네에서 알고 지내던 피해자 D(56 세) 와 함께 술을 마시던 중, 피해 자로부터 무시하는 말을 듣게 되어 피해자에게 “ 까불지 마라” 는 말을 하였음에도 피해자가 “ 이 새끼, 내가 뭘 까분다고 해” 라는 말을 하자 격분하여 피해자를 살해하기로 마음먹고, 싱크대 아래 놓여 있던 망치( 길이 32cm )를 집어 들어 피해자의 머리 부위를 10회 이상 내리쳐 피해자에게 외상성 경막하 출혈, 두개골 골절 등의 상해를 가하였으나 피해자를 살해하지 못하고 미수에 그쳤다.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol of seizure and a list of seizure;

1. Guide photographs, first site photographs, notification to the reporting department related to the reporting of 112, and the destination of emergency medical services activities;

1. Investigation reports (referring to investigations of victims and attachment of opinions), opinions, and the application of statutes;

1. Relevant Article of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the selection of criminal facts;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 48 (1) 1 of the Criminal Act

1. While recognizing the fact that the victim’s head was 10 times or more, the victim’s head was lost, the victim had no intention to murder, and had no mental and physical weakness at the time.

2. Determination as to the assertion that there was no intention to murder

A. In the attempted murder, the intention includes recognizing or forecasting the possibility or risk of causing death to another person, and the perception or predictability of the intention is recognized even if it becomes uncertain.

In addition, the issue of whether the Defendant had the intent to murder at the time of committing the crime is the background leading up to the crime, motive of the crime, the type of used weapon, the father and repetition of the attack, and the possibility of the occurrence of the result of the death.