Text
A defendant shall be punished by imprisonment for three years.
The excessive one (No. 1) seized shall be confiscated.
Reasons
Punishment of the crime
The Defendant, using the same room as the victim D (Nam, 69 years of age) in social welfare foundation B (Cyang), brought a complaint to the victim due to the difference between the victim and the cleaning of the room. On July 2, 2019, the Defendant knew that the victim was discharged from the above B, and tried to kill the victim before that time.
Accordingly, at around 08:35 on July 2, 2019, the Defendant discovered that the victim would take care of the same as that of the flat in B’s corridor, and had purchased and kept in the room in advance (20cm in total length, 10cm in total) and then the victim would take care of the above excessive portion in the building B, and then the victim could take care of the victim’s back, so long as the victim’s back, the Defendant attempted to murder the victim, such as one time, once, and one time, once, once, with the victim’s back. However, the Defendant attempted to murder the victim, such as the victim, once, depending on the victim’s back, but the Defendant attempted to take care of the parts, such as the victim’s back from the E site of B, who was on duty, and failed to take care of the number of days of treatment to the left side, and did not reach the attempted volume of 4cm in volume, 3cm in volume above the right side, and 3cm in volume above the part.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E, F, and D;
1. A report on dispatch to the scene of violence incidents;
1. Photographss, such as the site of the case, deadly weapons, etc., and CCTV image closure photographs;
1. Application of Acts and subordinate statutes to on-site identification reports, reports on results of drilling (genetic assessment reports, such as over-the-spot and clothes);
1. Relevant Article of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the choice of punishment;
1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;
1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;
1. The scope of applicable sentences under law: Imprisonment for two years and six months to fifteen years;
2. The scope of recommendations according to the sentencing guidelines [the determination of types] [the category 2] ordinary motive homicides [the special person] - the mitigation element: the recommended range of punishment (including serious efforts to recover damage) and the recommended range of punishment.