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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 3, 2013, at around 23:10, the Defendant: (a) was under the influence of alcohol in his own plan in Gangnam-gun, Gangnam-gun; (b) while breathing with the victim D (the 60-year-old-year-old-old-gun-gun), the Defendant used a knife knife ( approximately 20cm in length, approximately 32.5cm in length) which is a dangerous thing in the kitchen and was in the kitchen, and threatened the victim with the knife, the part of the victim’s right part of the knife in which the treatment days cannot be identified, and the part of the right part of the knife, which is about 5 cm in the right part where the treatment days cannot be identified, sustained.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. A medical record;

1. The application of ten copies of on-site photographs, one evidence photograph, and one of the 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Determination as to the assertion by the Defendant and the defense counsel under Article 48(1)1 of the Criminal Act

1. The summary of the argument is that the Defendant did not intend to inflict an injury on the victim at the time, but rather merely carried the knife to threaten the victim, and the victim was frighted with knife with knife and faced with the knife and knife with the knife. Therefore, the Defendant did not have an intention to inflict an injury.

2. The subjective element of the constituent element of a crime, which is the case where the possibility of occurrence of the crime is expressed to be uncertain, and this is acceptable. In order to have had dolusence, not only the possibility of occurrence of the crime but also the internal intent to allow the risk of occurrence of the crime. Whether the actor has accepted the possibility of occurrence of the crime or not is the situation of the act committed outside the scope of the statement of the offender.