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A defendant shall be punished by imprisonment for not less than eight months.
Seized one knife (No. 1) shall be confiscated.
Reasons
Punishment of the crime
[criminal history] On November 11, 2015, the Defendant was sentenced to one year of suspension of execution to six months of imprisonment with prison labor, and six months of imprisonment with prison labor for the same crime in the same court on March 21, 2016, and the execution of each of the above punishment was terminated on January 27, 2017 at the Gansung Vocational Training Correctional Institution.
[Criminal facts] The Defendant, on October 17, 2017, 75 of the 200:0 Mag-ro, Mag-ro, Ansan-si, Ansan-si on October 17, 2017, was a victim C (49 years of age) in front of the 2-dong community service center, and was drunkly drunk and drunk, and without any justifiable reason, “in person” to the victim
”, “ 죽여 버린다 ”라고 시비를 걸 다가, 같은 날 00:30 경 안산시 상록 구 E 앞길에 이르러, 택시요금도 지불하지 않은 채 그냥 가려고 하여 피해자가 택시요금을 달라고 하자 갑자기 허리에 차고 있던 칼집에서 공업용 커터 칼( 총 길이 20cm , 날 길이 5cm ) 1 자루를 꺼 내 오른손에 든 채 피해자에게 다가가며 “ 죽여 버린다 ”라고 소리치고 이에 피해 자가 피고인의 오른팔을 손으로 밀쳐 내자 다시 “ 야, 계산 해봐” 라고 말하며 피해자의 가슴 부위에 위 커터 칼을 들이댔다.
Accordingly, the defendant carried dangerous objects and threatened the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. C Legal statement;
1. A protocol of seizure and a list of seizure;
1. Video records of black boxes;
1. Previous conviction: Determination on a reply to inquiry, such as criminal history, a report of investigation (period of repeated crime) and his/her defense counsel's assertion
1. The defendant asserts that there is no awareness of the carrying of a deadly weapon, because the victim shown knife and displayed knife.
According to the evidence adopted and examined by this court, the defendant was drunkly knifeed by the police and was knifeed by the victim, but the victim was aware of the knife at that time (the 26th page of the investigation record).