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 of the final judgment.

Punishment of the crime

The defendant and the victim B (the age of 77) did not have a good space between neighbors or land boundary issues. On May 15, 2013, the defendant and the victim B (the age of 77) discussed the land boundary issues in front of the community center located in the Seoul-do, Chungcheongnam-gun, Chungcheongnam-gun, Seoul around 06:30.

At around 07:30 on May 15, 2013, the Defendant: (a) carried a dangerous weapon, which was prepared in advance at the inside of the victim’s house located in Manannam-gun, Mannam-gun, with two kitchen-blades ( approximately 200cm in the blades of token, approximately 11cm in the small blades); (b) caused the victim who was in a place, and (c) caused the victim who was in a possession of the same at that place, and then caused the victim’s loss, and then the kitchen-blade ( approximately 20cm in the blades) carrying the victim’s neck on the part of the victim, called “to throw away the victim’s neck.”

Accordingly, the defendant threatened the victim with a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Class B and E of the second police interrogation protocol against the accused;

1. Each police statement of B and E;

1. Records of seizure and the list of seizure;

1. Application of field photographs, deadly weapons photographs and Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 283 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1548, Apr. 1, 2009);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;