A defendant shall be punished by imprisonment for not less than eight months.

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

Criminal facts

On June 16, 2015, at around 03:20, the Defendant, at the main point of “D” operated by the Victim C (A, who is aged 58) located in Gangseo-gu Seoul Metropolitan Government, ordered alcohol, and then reported to the drinking station disturbance after being rejected by the victim, the Defendant used the kitchen knife, which is a dangerous thing that had been located in the main place of the kitchen, and used the kitchen life (17cm in a knife length) and the victim “this knife knife knife knife knife knife knife knife knife knife knif).

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police interrogation protocol of the defendant;

1. Statement of the police statement regarding C;

1. Police seizure records;

1. The Defendant alleged that he was in a state of mental disorder by drinking alcohol at the time of the instant crime. Thus, according to the evidence duly adopted and investigated by this court, the Defendant was in a state of drinking alcohol at the time of the instant crime, but the Defendant did not have the ability to discern things or make decisions, accordingly, did not have the ability to discern things.

Therefore, the defendant's above assertion is not acceptable.

Application of Statutes

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. The reason for the sentencing of Article 62(1) of the Criminal Act [the scope of recommending punishment] Violence (Type 6): There is no basic area for special assault (Type 6): June-10 [the decision of sentencing]. The defendant is found to be erroneous in the decision of sentencing], taking into account the degree of the act of violence in this case, the degree of the act of violence in this case, the defendant's age, character and conduct, criminal records, circumstances after the crime, etc., the sentence of suspended sentence was to be sentenced to imprisonment with prison labor.

It is so decided as per Disposition for the above reasons.