A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Punishment of the crime

Some of the facts charged were revised to the extent that it does not impede the defendant's exercise of defense.

On January 25, 2019, from around 20:30 to 21:04 on the same day, the Defendant: (a) while drinking alcohol together with the victim C (43 years of age), D, and E in the Defendant’s residence located in Yeongdeungpo-gu Seoul Metropolitan Government B rooftop, the Defendant: (b) reported that the victim and E talked with the victim that he would be able to leave the Defendant’s house at the Defendant’s house; and (c) took a double-style kitchen which the victim would live outside the Defendant’s house (30cm in length, 20cm in length, 10cm in length, 20cm in length), followed the victim by taking care of the victim’s head, and tried to murder the victim at approximately three weeks on the part of the victim’s arms and bridge; (b) however, the victim attempted to take care of about two weeks (10cc, 10cc, 10cc, 10cc, 28cm in left-hand window (the left-hand window).

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police interrogation protocol of the accused;

1. The police statement concerning F;

1. Seizure records;

1. On-site identification reports, reports on results of injury diagnosis, blades, and photographs of damaged parts;

1. Application of Acts and subordinate statutes to a investigative report (119 emergency medical services day);

1. Article 254 of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the applicable criminal facts, the selection of limited imprisonment;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The summary of the argument of the Defendant and his defense counsel regarding the assertion of confiscation under Article 48(1)1 of the Criminal Act is as follows: (a) the Defendant had been unaware of the articles that were taken from the kitchen in the kitchen in which the flower was drawn, and had no intention to commit murder.

Judgment

In the crime of attempted murder, the intention includes recognizing or forecasting the possibility or risk of causing death to another person, and its perception or prediction.