A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The defendant and the victim B (ma, 30 years of age) are legal marital relationships.

피고인은 2019. 9. 26. 01:00경 인천 서구 C 주차장에서 피해자와 시댁문제로 말다툼을 하던 중 화가 나 자신의 차량 안에 있던 위험한 물건인 캠핑용 칼(칼날 길이 6cm, 손잡이 길이 9cm)을 꺼내 피해자의 왼쪽 가슴을 1회 찔러 피해자에게 1주간의 치료가 필요한 열상 등을 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of the witness B;

1. Records of seizure and the list of seizure;

1. Investigation report (on-site CCTV analysis and closures);

1. Application of knives and photographs under Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;

1. Scope of applicable sentences under law: Six months to five years; and

2. Scope of the recommended punishment according to the sentencing criteria (determined of types) of violent crimes: Special injury, injury by repeated crime [Class 1] Special (Special Bodily Inflicting Person] mitigated element: Insignificant injury [the scope of the recommended area and the modified recommended punishment] mitigated area, imprisonment with labor for six months through one year (in cases where the lowest limit of the range of sentence recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, the lower limit of the applicable sentencing range shall be set according to the law applicable sentencing range).

3. Determination of sentence: The criminal defendant for one year of suspended sentence in six months may cause serious injury to the victim if he/she commits the crime, not the punishment for the crime shall be mitigated;

However, the crime of this case seems to have been committed by the constant conflict with the victim who is the couple, and the victim expressed his intention not to want the punishment against the defendant immediately after the occurrence of the case, and there are no particular criminal records other than the punishment sentenced due to minor violence in the past.