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

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

Punishment of the crime

[2018 Highest 2143] The defendant is a victim B (49 years of age, female) and a married couple.

On May 5, 2018, at around 21:15, the Defendant collected and displayed the kitchen knife (the total length of 32 cm, 20.5 cm) which is a dangerous thing that was disputed as a matter of divorce with the victim within the residence of the Defendant located in Seocheon-si C building, and the Defendant used the kitchen knife (the total length of 32 cm, 20.5 cm) in his hand, and used the victim's body to cnife the victim's body to the cnife of the said residence.

[2018 Godan3293] The defendant and the injured party B (the age of 49) are the legal marital relationship that was married around April 17, 1990.

At around 18:00 on May 8, 2018, the Defendant threatened the victim with a knife (the knife length, 32cm length, 20.5cm) which was a dangerous object on the knife while the victim was faced with a knife at the Defendant’s residence located in Bupyeong-si C3rd, Seocheon-si, 2018.

In this respect, the defendant carried dangerous things with the victim and threatened him.

Summary of Evidence

[2018 Highest 2143]

1. Defendant's legal statement;

1. The police statement concerning B;

1. Records of seizure and the list of seizure;

1. A written diagnosis of injury;

1. Investigation report (Submission of a victim's damaged body and a photograph of the victim's instrument to commit the crime);

1. Defendant's legal statement;

1. Each police statement of B and E;

1. Application of Acts and subordinate statutes of the table for handling photographs and 112 reported cases;

1. Relevant provisions of the Criminal Act, Articles 261 and 260(1) of the Criminal Act (the point of special violence), Articles 284 and 283(1) of the Criminal Act, and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the probation and community service order shall take into account the following conditions of sentencing, including the defendant’s age, occupation, character and conduct, family relation, living environment, circumstances leading to the crime, and circumstances after the crime.