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

Seized knife (No. 1) shall be confiscated.

Punishment of the crime

피고인은 2013. 2. 10. 21:15경 동복형제 피해자 C(40세)의 주거지인 강릉시 D에서, 피해자가 평소 심장병 및 당뇨병 등으로 인한 지체장애 2급인 어머니 E를 잘 모시지 않고 설 연휴 기간에도 어머니를 찾아뵙지 않자, 화가 나 발로 그곳 현관 출입문을 2회 걷어차 시가 미상의 출입문 유리창을 손괴하였다.

The defendant continued to open the entrance door of the victim, and threatened the victim with the knife (28.5cm in total length, 17cm in knife length) that was dangerous things that had been in possession of the front line of the victim, and the victim defended the knife with the knife of the above knife by left hand, and caused the victim's loss, such as the loss of the knife's left hand and the damage of the knife knife in the treatment days, by cutting the knife with the knife knife knife of the victim.

Accordingly, the defendant damaged the victim's property and sustained dangerous things and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and C;

1. Medical certificates and investigation reports (related to injury of a victim);

1. Seizure records;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

1. Article 3 (1) 3 of the relevant Act on the Punishment of Violences, etc., Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc., Article 257 (1) of the Criminal Act and Article 366 of the Criminal Act on the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act leads to the instant crime in a sound mind while drinking alcohol to the name of the Defendant. However, although the Defendant’s mistake in the knife of the victim’s knife was a dangerous situation that the victim may die, and the degree of the victim’s knife damage is serious.