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A defendant shall be punished by imprisonment for three years.
Seized knife knife (No. 1) shall be confiscated from the defendant.
Reasons
Punishment of the crime
At around 18:50 on March 17, 2018, the Defendant used the part of the victim's neck in a cafeteria in Changwon-si 2 A, Changwon-si, Changwon-si, Mapopo-dong 2, with the victim C (53 tax) who was aware of and was living in a usual old-age, and performed drinking together with the victim C (53 tax). The Defendant used the part of the victim's neck, which was placed in the inner string (22 cm in total, 11 cm in length, 11 cm in length) to kill the victim on the ground that the victim was frightd with the victim's neck at a restaurant where the victim was living in a usual old-age, and the victim was fucking twice again with the victim's neck in the floor and fucking three times.
Accordingly, the defendant tried to murder the victim on the road, but the owner and the employee of the above restaurant have been prevented, leading the victim to over two weeks of treatment, and attempted to do so.
Summary of Evidence
1. Partial statement of the defendant;
1. Each police statement made with respect to C and D;
1. Investigation report (Attachment to on-site CCTV), investigation report (limited to the depth of the upper part of the victim's timber), report on the results of field identification, and response to requests for appraisal;
1. Police seizure records;
1. Records of the emergency department and each medical certificate;
1. Application of Acts and subordinate statutes to photographs, identification photographs of local government offices, and photographs of belongings;
1. Article 254 and Article 250 (1) of the Criminal Act concerning the facts constituting an offense (or choice of imprisonment with labor for a fixed term);
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances that are favorable to the statement in the grounds for sentencing);
1. Determination as to the assertion by the defendant and his/her defense counsel under Article 48 (1) 1 of the Criminal Act
1. The Defendant’s summary of the assertion does not constitute a cafeteria on the day of the instant case.
In addition, in the process of dispute with one victim, only the fact that the victim has been injured with intention to do so one time with intention to do so, and there was no fact that the victim attempted to murder several times as stated in the facts charged, and there was no intention to murder.
2. The evidence duly adopted and examined by the court regarding the first argument, in particular, the case.