Text
A defendant shall be punished by imprisonment for two years.
excessive one percent (Evidence No. 1) seized shall be forfeited from the accused.
Reasons
Punishment of the crime
On January 1, 2018, the Defendant, at the house of the Defendant located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, 6:50 on January 1, 2018, drinked the victim D (53 tax) and alcoholic beverages at the house of the Defendant, and the Defendant, at the victim, would give the cab to the victim or to the road with a large amount of alcohol.
Despite the fact that the victim was dead, the victim was fluently fluored on the idea that he would disregard himself, and the excessive (12 cm in length) that was placed on the opening of the entrance, and the victim who was driving away from the opening of the entrance, attempted to kill the victim once again fluor down to the right side of the victim's chest, such as the victim who was driving away from the entrance, and tried to kill the victim once again. However, the victim was fluored by the victim, which caused the victim's injury, such as the need for treatment for about 4 weeks, and the extension of the left side, etc.
Accordingly, the defendant attempted to kill the victim, but attempted to do so.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by the police against D;
1. Each investigation report (on-site conditions, victim status, statement in charge, etc.);
1. On-site photographs, photographs of damaged parts of the victim, and photographs of the list of Defendant mobile phone calls;
1. A medical certificate;
1. Application of the existing Acts and subordinate statutes of one percent (No. 1) in excess of those confiscated;
1. Relevant Article of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the selection of criminal facts;
1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;
1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200
1. Determination as to the defendant and his/her defense counsel's assertion under Article 48 (1) 1 of the Criminal Act
1. The defendant did not intend to kill the victim at the time of his/her death.
It is a crime committed under the influence of alcohol with the weak ability to discern things or make decisions.
2. Determination
A. 1) Determination of the assertion that there was no intention to murder is the purpose of murdering in the crime of murder.