208Gohap447 Murder Attempted

A (52 years old, South) and in duty

Fluorent Number

Attorney Cho Young-soo (Korean)

November 4, 2008

A defendant shall be punished by imprisonment with prison labor for not less than one year and six months. 127 days of detention prior to the pronouncement of this judgment shall be included in the above sentence. One kitchen knife (No. 1) confiscated shall be confiscated.

Criminal History Office

The Defendant sent me to the victim with a disability of grade 4 due to the physical disability of the victim at the end of the wind (48 years old), who was unable to give an appraisal of the victim by bullying from the victim, such as disregarding that the defendant is a disabled person and singinginging him without permission. On June 30, 208, the Defendant tried to kill the victim at the house of the defendant at the end of the Sinsan-gu, Busan-do, where 17:10 on June 30, 2008, and the victim and B cannot see urine in the toilet because they drink with the victim and B due to physical disability, and instead, he tried to kill the victim at the end of the bar because the victim did not properly dump theme of the bank, and then she did not salp the victim's salke at the left end, and then she did so again by taking the victim's salke at the bar of the victim and then she did so.

Summary of Evidence

omitted.

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. Attempted mitigation;

Articles 25(2) and 55(1)3 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Article 55(1)3 of the Criminal Act) (see, e., Article 53 and Article 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 200, Jan. 30, 2000; 200, Jan. 30, 2000).

Article 57 of the Criminal Act

1. Confiscation;

Judgment on the defense counsel's assertion under Article 48 (1) 1 of the Criminal Act

The defense counsel asserts that the Defendant was in a state of mental disability under the influence of alcohol at the time of committing the instant crime. According to the above evidence, even though the Defendant was aware that he had diced a little amount of alcohol at the time of committing the instant crime, it does not seem to have reached a weak state of ability to discern things or make decisions. Accordingly, the defense counsel’s assertion is rejected

The presiding judge, the senior judge

Judges Nationwide

Judges Shin Jae-sung