A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence No. 1 shall be confiscated.

Punishment of the crime

On April 3, 2009, the Defendant was sentenced to imprisonment with prison labor for robbery, injury, etc. at the Daegu District Court on April 3, 2009, and on September 22, 2012, the enforcement of the sentence was terminated in the Daegu Prison.

피고인은 2013. 1. 5. 13:00경 대구 남구 C에 있는 피해자 D(여, 64세)가 운영하는 E식당에서 피해자가 다른 사람들에게 피고인의 욕을 하고 다닌다는 이유로 화가 나 미리 준비한 흉기인 칼날길이 22cm가량의 부엌칼 1개로 피해자의 목 부위를 2회 찌르면서 “야 십할년아 왜 남의 욕을 하고 다니느냐. 너 죽인다 십할년아”라고 욕설을 하고, 피해자로부터 칼을 빼앗기자 손으로 피해자의 머리채를 잡아 흔들고, 주먹으로 피해자의 얼굴 부위를 수회 때리고, 발로 피해자의 배 부위를 수회 걷어찼다.

As a result, the Defendant carried a deadly weapon with the victim, which requires medical treatment for about two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. Records of seizure and the list of seizure;

1. A criminal investigation report (attaching photographs, such as the victim's upper part, etc.);

1. An investigation report (Attachment of a medical certificate for injury);

1. Previous records: Application of inquiry reports, such as criminal records, investigation reports (report attached to a judgment), investigation reports, and Acts and subordinate statutes;

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. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Determination as to the defendant's assertion under Article 48 (1) 1 of the Criminal Code of Confiscation

1. The defendant asserts to the effect that the knife tried to threaten the victim, and the victim only knife the knife while cutting the knife, and the victim did not intentionally write the knife the knife.

2. However, the following circumstances acknowledged by each of the above evidence are the victim.