A defendant shall be punished by imprisonment for four years.

A seized knife (No. 1) shall be confiscated.

Punishment of the crime

On April 15, 2013, at around 20:30, the Defendant attempted to communicate with the victim E (33 years of age) of next tables and their daily activities at the main point of “D” located in Dongjak-gu Seoul Metropolitan Government, Seoul, but, on the other hand, attempted to kill the victim on a single-time basis (32cm in total length, 20cm in length, 20cm in length) and attempted to kill the victim on a single-time basis, such as the victim’s right side. However, the victim’s daily activities discovered did not go through the wind to escape the victim out of the restaurant and attempted to commit so.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement to F, G, and E;

1. A H statement;

1. Seizure records;

1. A medical certificate or a copy of medical records;

1. CCTV afforestation images, on-site photographs, and CCTV videos;

1. Application of Acts and subordinate statutes to each investigation report (the sequence 5, 10, 24 of the evidence list);

1. Relevant Articles of the Criminal Act and the choice of punishment for the crimes: Articles 254 and 250 (1) of the Criminal Act;

1. Statutory mitigation: Articles 25 (2) and 55 (1) 3 of the Criminal Act;

1. Confiscation: Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of punishment: Imprisonment for not less than two years and not more than 6 months but not more than 15 years;

2. Application of the sentencing criteria: Imprisonment with prison labor for not less than three years but not more than eight years and less than eight months (decision of a type), homicide group, and Type 2 (Special homicide): Gross serious factors of injury and mitigation: dolusent intent [decision of the recommended field is changed because the sentencing criteria are changed during the course of criminal trials, the sentencing criteria at the time of prosecution shall apply at the time of prosecution, but the lowest limit of the sentence range shall be reduced to 1/3 and the upper limit shall be reduced to 2/3); and

3. Determination of sentence: (a) under the conditions favorable to the Defendant for four years, the instant crime itself was committed in the attempted attempt, and the victim did not have any loss or impediment to physical function; and (b) the Defendant, as the primary offender, was committed in full and led to the commission of the instant crime.