A defendant shall be punished by imprisonment for four years.

The excessive one (No. 1) seized shall be forfeited from the accused.

Punishment of the crime

On May 30, 2015, at around 23:43, the Defendant: (a) was assaulted on the street in the West-gu, Seocheon-gu, Chungcheongnam-gu, Chungcheongnam-gu; (b) the Defendant was able to kill the victim in a knife with a knife, knife with the victim F (the age of 50) who was first viewed as E, etc.’s workplace pay from the said singing room, and as the friendship of E, together with the victim F (the age of 50) who was considered as E, without any justifiable reason; and (c) he was able to kill the victim with a knife.

Accordingly, the Defendant purchased excessive (2.2 cm in total length, 11.8 cm in blade length) at a neighboring convenience store, and attempted to murder the victim's boat twice by the above over-mentioned department, but attempted to kill the victim's boat twice by knife, but did not cause injury to the victim, such as sub-faced knife in knife in knife in knife, knife in knife and knife damage.

Accordingly, the defendant tried to kill the victim, but did not commit it but did not commit an attempted crime.

Summary of Evidence

1. Statement to the effect that the victim has reached knife two times at the time and place of judgment in the defendant's legal statement;

1. Legal statement of witness F;

1. Statement to E by the police;

1. Records of seizure and the list of seizure;

1. Medical certificates and opinions;

1. Reporting on the occurrence of the case, reporting on each investigation, and applying the receipts purchased excessively, on-site photographs, and CCTV photograph Acts and subordinate statutes to convenience stores;

1. Relevant Article of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the choice of punishment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Determination on the assertion by the defendant and his/her defense counsel under Article 48(1)1 of the Criminal Act

1. The summary of the argument was that the defendant saw the victim as a fruit or attempted to do so, and there was no intention to commit murder.

2. Determination

A. In the crime of murder, the intent of murder does not necessarily require the intention of murdering or planned murder, and is due to its own act.