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

The defendant is a friendly child of the victim D (year 51).

On March 31, 2013, around 04:35, the Defendant, at the victim's house in Yongcheon-si E, talked about the victim's and inheritance property on the ground that there was a harmony with the victim, set a chest proba, which is a deadly weapon in advance (23 cm in length x 12.5 cm in length x 12.5 cm in length).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Seizure records;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Social service order under Article 62-2 of the Criminal Act;

1. The defendant's reasons for sentencing under Article 48 (1) 1 of the Criminal Code refers to the inheritance problem.

Although there is no reason for severe punishment in light of the motive, risk of action, etc. that the victim who has been sentenced to excessive punishment in advance has inflicted an injury on knife, it shall be determined as ordered in consideration of various sentencing factors as shown in the arguments of this case, such as the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and result of the crime, etc., and the defendant does not want to be punished by a fine or more severe damage, and the degree of damage is not severe.