A defendant shall be punished by imprisonment for one year.

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

Criminal facts

At around 20:30 on September 19, 2013, the Defendant: (a) heard the victim D (here, older than 81) who was the mother of the Defendant, and her mother, who was in a small room, drinking alcohol in Yansan-gu, Jeonju-si; (b) sought several times from the victim D (here, older than 81) who was the mother of the Defendant; (c) assaulted the victim’s left hand by using approximately five minutes of hand; (d) assaulted the victim’s hand by using a kitchen knife, which is a dangerous thing for the victim to enter the room; and (e) threatened the victim by using a kitchen 17 cm in knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Records and lists of police seizure;

1. A report on internal investigation and evidential materials attached thereto;

1. Application of the Acts and subordinate statutes to the scene of crime and photographs thereof;

1. Article 3(1) and Article 2(1)2 of the Act on the Punishment of Violences, etc., the Act on the Punishment of Criminal Crimes, Article 283(2) of the Criminal Act, Article 260(2) of the Criminal Act, Article 2(2)1 of the Punishment of Violences, etc. Act, Article 283(1) of the Criminal Act, Article 260(1) of the Criminal Act, and Article 260(1) of the Criminal Act, are written as applicable provisions of the Criminal Act in the indictment, but it seems that there is an obvious clerical error due to mistake.

(a) The point of violence, the choice of imprisonment

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (this case’s crime is committed by the defendant who is in profoundly against the mistake while making a confession of the crime in this case);

1. Article 62 (1) of the Criminal Act suspended execution (i.e., taking into consideration circumstances favorable to the defendant, such as the fact that the defendant committed the crime of this case contingently, the result of the crime is not much severe, and the defendant wishes to take the wife of the defendant by agreement with the victim only smoothly, the defendant spacing the alcohol and receiving treatment for alcohol addiction, and the defendant has no criminal records beyond the fine, etc.);

1. Confiscation Article 48 of the Criminal Act