A defendant shall be punished by imprisonment for not less than one year and six months.

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

피고인은 2014. 12. 04. 03:50경 순천시 C아파트 103동 1005호에 있는 피해자 D(36세)의 집에서 피해자가 피고인의 처와 불륜 관계있다고 생각하고 격분하여 그곳 주방에 있던 흉기인 식칼(칼날길이 18cm )과 위험한 물건인 가위를 피해자를 향해 휘두르다가 가위를 피고인 주변에 놓아두고 식칼을 손에 쥔 상태에서 양 주먹으로 피해자의 얼굴을 수 회 때리고 무릎으로 피해자의 복부를 6회 때려 피해자에게 약 8주간의 치료가 필요한 좌측 안와 바닥의 폐쇄성 골절 등의 상해를 가하였다.

Accordingly, the defendant carried a knife, which is a deadly weapon, and a knife, which is a dangerous thing, and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and D;

1. A written diagnosis of injury;

1. Application of statutes on photographs of damage;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and Article 59 of the Act on Probation, etc. [Scope of Recommendation] The Special Mitigation Area (Aggravated Injury, Habitual Bodily Injury, Aggravated Bodily Injury, Aggravated Bodily Injury, Aggravated Bodily Injury) (Aggravated Bodily Harm) [Special Mitigation] in the area of mitigation (Aggravated Punishment) where there are special grounds for special consideration to the commission of a crime, or where the punishment is not imposed (including a serious effort to recover damage) or considerable damage has been recovered (a final sentence] in the case where the sentence is more favorable to the suspension of execution three years in January and June: Defendant was the first sentence, and the victim’s attitude was also induced due to a crime committed by misunderstanding the relationship between the Defendant’s wife and the victim.