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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

피고인은 2014. 4. 1. 20:42 경 서울 서초구 C 소재 D 모텔 인근 노상에서, 피고인의 처 E가 피해자 F(41 세) 과 외도를 하는 것으로 의심하고 위 E를 미행하던 중, E 와 위 피해자가 모텔 주차장에 차량을 주차하고 밖으로 나오는 것을 발견하고, 피해자에게 다가가 소지하고 있던 위험한 물건인 볼펜으로 피해자의 귀와 목 부위를 수회 찔러, 피해자에게 약 2 주간의 치료를 요하는 귓바퀴의 열린 상처 등을 가하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F in the police statement protocol;

1. The application of each description in a medical certificate, a standing photograph, CD, and any visual statute;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The reason for sentencing under Article 62(1) of the Criminal Act (the following sentencing grounds repeated) (the sentencing criteria are not yet set out for special injury crimes under Article 258-2 of the Criminal Act, which was newly established on January 6, 2016, and thus, the sentencing criteria are not applicable.)

In the instant special injury crime, only imprisonment is prescribed as statutory penalty, and the lower limit is one year.

However, there are circumstances to consider the Defendant’s confession of crime, the fact that there was no record of criminal punishment prior to the instant crime, and the circumstances leading to the instant crime (victim F was the wife of the Defendant)

In light of the fact that the defendant was sentenced to a judgment ordering the payment of consolation money on the ground that he maintained an inappropriate relationship with E (Evidence Record 23,24, 36, 43; Lobu District Court 2016 Dhap 2282) and the treatment process after the occurrence of the injury (Evidence Record 24 pages), etc., the sentence shall be mitigated and the execution thereof shall be suspended, taking into account the fact that the injury inflicted on the victim was not serious (Evidence Record 24 pages).