(영문) 대구지방법원 영덕지원 2012.05.23 2011고단247



A defendant shall be punished by imprisonment for six months.

The seized knife (14 cm, 16 cm by knife) shall be confiscated. 1 knife (No. 1)


Punishment of the crime

At around 02:30 on August 15, 201, at the house of the victim D (year 54) located in Ulsan-gun, Ulsan-gun, the Defendant: (a) sought the female E of the victim D, a female living together; (b) sought the disturbance; and (c) emitted from the victim D, who is not good, with the victim D, with the victim D, who met with the math; (d) met the victim D; (e) make the math; and (e) shoot the math; and (e) cut the math; and (e) cut the body of the body of the victim D, which was a dangerous object prepared in advance by spraying it from the victim D; and (e) cut the knife from the back knife to the knife and knife to the knife; and (e) cut the knife to the knife to the knife.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness D;

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement of the second police statement concerning D;

1. Each description of the investigation report (as to the on-site situation), investigation report (as to photographic photographs), and investigation report, respectively;

1. Application of Acts and subordinate statutes to entries in the records of seizure and the list of seizure;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 283 (1) of the Criminal Act;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following 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. In light of the fact that the victim D was inside the gate of F, the point of time when the defendant taken the knife of the defendant's and his defense counsel's assertion does not threaten the victim D by carrying the knife, which is a dangerous thing of the defendant.

2. According to the evidence examined in the “a summary of evidence”, the Defendant, from around 2004, lived with E, who was the female son of the victim D, and frequently disputed the economic problem between E and E from around 2011, and the Defendant on August 201.