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

The defendant shall be ordered to provide community service for 160 hours.

One slves (No. 1), one slves (No. 2), one slves (No. 2) seized from the accused shall be confiscated, respectively.

On January 26, 2018, at the house of the defendant located in Gwanak-gu in Seoul Special Metropolitan City C and 101 on January 26, 2018, the defendant brought a divorce lawsuit against the defendant and sought division of property and payment of consolation money. The defendant flick flick flick flick flur flur flur flur flur flur flur flur flur flur flur flur flur flur flur flur flur flur flur flur flur flur flur flur flur flur flur flur flur flur flur fl flur flur fl flur flur fl flur flur fl flur f flur f f flur f f f

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's protocol of examination of the accused;

1. Seizure records;

1. Investigation reports (Evidence Records Nos. 22, 23), investigation reports (the confirmation of details of handling the 112 reported cases), and records of handling the 112 reported cases, records of investigation (the confirmation of the status of a victim), photographs of victims, investigation reports (the confirmation of the results and diagnosis reports) attached thereto, and diagnosis reports attached thereto, records of medical treatment, records of investigation (on-site identification reports and field photographs) and records of on-site identification reports attached thereto, photographs and photographs of investigation reports (on-site identification reports and field photographs) and on-site identification reports attached thereto, investigation reports (the fact-finding reports and field photographs), and copies of investigation reports (the hearing of reference E-mail) and copies attached thereto, reports of investigation reports (the attachment of copies of a report on division of property) and copies attached thereto, reports on investigation (the submission of a report on reference, etc.) and diagnosis reports attached thereto, medical records, investigation reports (the hearing of victim D telephone statements);

1. Photographs of seized articles;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 254 and 250(1) of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55 (1) 3 of the Criminal Act (the fact that a mistake in self-defense is pened, etc.)

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following consideration of favorable circumstances among the reasons for sentencing):

1. Social service order;

Article 62-2(1) of the Criminal Act, Article 59(1) of the Act on Probation, etc.

1. Confiscation;

Judgment on the assertion of the defendant and defense counsel under Article 48(1)1 of the Criminal Act

1. Summary of the assertion

Since the defendant has discontinued the crime from the victim's head to a large person, it constitutes an attempted suspension under the Criminal Act.

2. Determination

이 법원이 적법하게 채택하여 조사한 검사 제출의 증거에 의하여 인정되는 다음과 같은 사정들, ① 피고인은 괭이자루와 나무목침으로 피해자의 얼굴 부위를 집중적으로 내리쳐 폭행하였던 점, ② 위 폭행으로 피해자는 코뼈가 부러지고 이마 부위가 찢어져 이마 뼈가 보일 정도의 상해를 입고 경찰이 현장에 도착할 때까지도 마지막 폭행 장소인 화장실에 그대로 쓰러져 있었던 점, ③ 피고인은 이 사건 범행 직후 112에 신고하여 "내가 지금 마누라를 죽였어요."라고 말하였고(증거기록 제29면), 이후 신고를 받고 현장에 출동한 경찰관에게도 "내가 아내를 죽였어요. 총이 있었으면 쏴 죽였을 겁니다."라고 말하였으며(증거기록 제22면), 피고인의 범행 직후 피고인과 통화한 그 아들 F가 '피고인이 피해자를 살인했다고 하고, 피고인 본인도 죽겠다고 했다'는 취지로 112 신고를 한 점(증거기록 제30면) 등을 종합하여 보면, 피고인은 범죄사실 기재와 같이 피해자가 사망한 것으로 오인하여 범행을 중지한 것으로 보이고, 이는 일반 사회통념상 범죄를 완수함에 장애가 되는 사정에 해당한다. 따라서 피고인과 변호인의 중지미 수 주장은 받아들이지 아니한다.

1. Reasons for sentencing: Imprisonment with prison labor for a period of two years and six months to fifteen years;

2. Scope of recommendations according to the sentencing criteria;

[Determination of Punishment] Types 2 (Ordinary homicide)

[Special Mitigation] Voluntary denunciation, Non-compliance with Punishment

[Recommendation and Scope of Recommendation] Special Mitigation Zone, Imprisonment with prison labor for a year and two months to eight years (in the case of attempted murder, a crime of attempted murder is committed, which is the lowest limit of the recommended sentence, one year and two months to 1/3 months to 12 years to 2/3 years to 8 years to 12 years to 12 years to 3 years)

[Scope of the revised sentencing] Two years and six months from six months to eight years (the lowest limit of the sentencing range recommended by the sentencing guidelines is lower than the minimum limit of the applicable sentencing range in law, and thus, according to the statutory minimum limit of the applicable sentencing range).

3. Determination of sentence: The crime of this case for a period of two years and six months, and a suspended execution of three years is deemed to have been committed in this case by taking advantage of the method of committing the crime, the injury and the degree thereof, etc., which is a dangerous object, by taking into account the fact that the defendant tried to kill the victim's face several times, and by taking advantage of the method of committing the crime, the injury and the degree thereof are very poor. However, the defendant has no record of the crime except that sentenced twice by a fine due to the crime of this paper, and the victim expressed his intention of not wanting to punish the defendant by agreement with the victim. The defendant is found to have been subject to a divorce request from the victim who is his spouse, and the condition of his/her spouse was divided to his/her children, and it seems that the crime of this case might have been brought about contingently by taking into account the age of the victim who is dissatisfied with the request for divorce and the request for divorce, the defendant's family relation might have been reported immediately after the crime immediately after the crime, and the defendant's family relation and his/her children could have been divided into the defendant's and children.

Judges Choi Dong-hwan

Judges Kim Gin-han