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

[2012 Highest 1891] On October 11, 2012, the Defendant: (a) threatened with the victim D (the 50-year old) living together at the Defendant’s home located in Sungnam-si A, with the Defendant’s home located in Sungnam-si, that he did not return home and did not come home to E; (b) had the victim, who is the husband of law; (c) had the victim talked that he would no longer live together with the victim; and (d) had the victim talked that he would no longer live with the victim; and (d) he concealed the knife (the knife length) which is a deadly weapon located in the heading of the Sinnam-si, the knife in front of the victim and the knife in front of the victim and the knife in front of the above knife.

계속하여 피고인은 칼을 빼앗으며 반항하는 피해자를 화장실 하수구에 놓여 있던 위험한 물건인 벽돌과 가스레인지 삼발이로 때릴 듯이 위협하고 피해자로부터 이를 제지당하자 피해자의 목을 움켜쥐어 조르고, 머리채를 잡아 흔들며 머리를 바닥에 찧게 하였다.

As a result, the defendant carried a deadly weapon or dangerous article with him and distributed it to the victim for the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Records of seizure and the list of seizure;

1. Application of statutes, such as 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The content of the injury on the grounds of sentencing under Article 48(1)1 of the Criminal Act is not serious, and the relationship with the victim is liquidated and reflected, and the agreement was reached with the victim.