On August 25, 2013, the Defendant: (a) around 19:35 on August 25, 2013, on the ground that the victim E (the age of 49) who was divingd at the inside of the residence of the D located in the Gunsan-si C was infinite, and the victim’s left side part of the knife, which is a lethal weapon, was finch ( approximately 15cm in total length), followed the victim by a knife, and caused the victim to undergo approximately two-day medical treatment.

Summary of Evidence

Application of Acts and subordinate statutes to the defendant's legal statement, F, and E each police statement, diagnosis report,

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. According to the judgment on the claim of mental or physical disability under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation, the defendant is deemed to have been aware of drinking at the time of the crime in this case, but the defendant did not have the ability to discern things or make decisions. Thus, the claim of mental or physical disability shall not be accepted.

양형의 이유 ▷반성의 빛을 보이고는 있으나, ▷범행의 위험성, 미합의, 형사처벌 전력 등을 고려하면 실형선고를 피할 수 없음.