A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

On February 14, 2014, the defendant around 09:10, at the defendant's residence of Gyeyang-gu Incheon Metropolitan City 102 Dong 403, the time of trial due to the problem of the victim D (the victim D, the wife 50 years of age) and the right of officetels, the defendant left the part of the victim's neck with his hand, and laid the knife with the part of the victim's knife by gathering trees, which are dangerous things in the ward, the part of the victim's knife and knife the part of the knife.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Records of seizure, lists of seizure and photographs of seized articles;

1. Application of statutes on site and victim 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. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) of the Criminal Act;

1. The scope of the recommended sentence on the sentencing guidelines [the scope of the recommended sentence] the basic area (two years to four years) of the types of habitual injury, repeated injury, and special injury (Habitual injury, repeated crime injury and special injury) (the special form of punishment) (the special form of punishment) shall be nonexistent;

2. Determination of sentence shall be made as ordered in consideration of the fact that the defendant reflects the crime of this case, the fact that there is no record of punishment for the same crime, the age, character and conduct, environment of the defendant, the motive and circumstances leading to the crime of this case, and the circumstances after the crime, etc.

The Defendant’s argument regarding the Defendant’s assertion: (a) the Defendant: (b) he collected the Defendant’s neck trees, and thus, (c) the Defendant’s act of displaying the neck trees constitutes self-defense; (d) however, in light of all the circumstances, such as the motive and background of the instant crime, the means and method thereof, the specific circumstances at the time, and the degree of damage recognized by each evidence of the judgment, etc., the Defendant’s act cannot be deemed as self-defense, and thus,