A defendant shall be punished by imprisonment for five years.

Seized knife No. 1 (No. 1) shall be confiscated.

Punishment of the crime

On September 8, 2015, around 01:35, the Defendant discovered the victim D (n, 41 years of age) who returned to the house from the front stairs of the entrance 3-4, the main entrance of the 3-4, the Defendant, at around 01:35, found the victim D (n, 41 years of age). While under the influence of alcohol, the Defendant reached the following parts, such as the victim's right at one time with a deadly weapon (No. 1, 32.5cm in total length, 20.5cm in blade length, which was possessed by the victim, without any reason.

As a result, the Defendant carried a deadly weapon and carried it with the victim for about six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim;

1. The police seizure record and the list of seizure;

1. Each report on investigation;

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs;

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. Reasons for sentencing under Article 48 (1) 1 (No. 1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for not less than three years nor more than thirty years;

2. Application of the sentencing criteria;

(a) Determination of types: Violence crimes, special injury, and Type 1;

(b) Special person: Aggravation factor - serious injury or motive for committing an offense (a knife knife knife knife knife knife for a victim without faceance);

(c) Scope of recommendations: Aggravation area, 3 to 7 years, and 6 months (including 1/2 aggravated maximum of sentence, since 2 or more serious factors exist only);

3. Determination of sentence: Imprisonment with prison labor for the crime of this case for five years is a dangerous part in which the defendant reported the victim who does not have any awareness of face-to-face knife to knife the victim, and the father's knife is a dangerous part of the human body.

Although there was no threat to the life of the victim, immediately after the crime, the blood transfusion of the victim was very serious, and the fear and suffering of the victim seems to have been serious.

In particular, the defendant prepared a knife prior to committing the crime and possessed a vehicle and laid down the knife knife knife knife knife knife.