A defendant shall be punished by imprisonment for not less than two years and six months.

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

Punishment of the crime

Around November 5, 2015, the Defendant 22:55, at the Defendant’s house kitchen located in Spocheon-si C, sought to kill the victim’s left part of the kitchen (29cm in total length, 17cm in length) while drinking together with the Defendant’s wife D (in South, 59 years of age) who was under the influence of alcohol, and demanded the Defendant to leave the Defendant’s part of the Defendant’s part of the Defendant, who was the victim, and continue to be able to have the Defendant’s part of the Defendant’s part of the Defendant’s part of the Defendant’s part, and did not commit an attempted act, such as opening the victim, even though the Defendant attempted to kill the victim once, and did not commit an attempted act.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against the victim;

1. Determination as to the assertion by the defendant and defense counsel of the records of seizure (voluntary submission), photographs of seized articles, images of the victim's injury, reports on the results of field identification, copies of first aid activities, certificates of occurrence of medical records, medical certificate (a government-specific hospital of the Katol University) and medical certificate (a government-specific hospital)

1. 주장의 요지 ㈎ 피고인은 술에 취한 상태에서 자신의 성기를 빨고 있는 피해자를 보고 놀라 순간적으로 위와 같은 범행에 이르게 된 것일 뿐 피해자를 살해하려는 의도로 피해자를 찔렀던 것이 아니고, ㈏ 이 사건 범행 당시 술에 취하여 심신 미약의 상태에 있었다.

2. Determination as to the assertion on the intent of murdering

A. The intent of murder in the relevant legal doctrine is not necessarily recognized as the purpose of murder or the planned intention of murder, but is sufficient to recognize or anticipate the possibility or risk of causing the death of another person due to one’s own act, and its recognition or prediction is not only conclusive but also uncertain.