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 this judgment becomes final and conclusive.

Punishment of the crime

The defendant is currently a husband of the victim B (here, 37 years of age) who is currently a divorce lawsuit with the victim.

1. On June 17, 2017, the Defendant: (a) around 20:00 on June 17, 2017, at the Defendant’s home room located in the Busan Northern apartment and the Defendant’s home room located in the Busan Northern apartment, and (b) in the dispute with the victim, the victim went out to the ward by leaving the victim’s arms; (c) cutting the victim’s arms to the ward; and (d) breaking the victim’s face by hand, the Defendant diversed the victim for about seven days to undergo treatment.

2. On June 25, 2017, around 09:30 on June 25, 2017, the Defendant injured the victim, at the Defendant’s house as stated in paragraph (1) around 09:30 on June 25, 2017, when the victim’s face was taken out from the victim’s home, he/she suffered injury, such as cutting the bones, etc., requiring approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of each investigation report (Attachment to a detailed statement of report and diagnosis, etc. on the details of damage, telephone conversations between a victim B, victim and suspect, closure of an E message between the victim and the suspect, voice files, and recording of conversations);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act selecting a penalty;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Imprisonment with prison labor for not more than ten years and not more than six months;

2. Scope of recommended sentences according to the sentencing criteria;

(a) General injury [Type 1] ordinary injury [the scope of the recommending area and the recommended range] basic area, four months to one year and six months in prison; and

(b) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for not less than four months but not more than two years and three months (the upper limit of crimes No. 2).

3. Determination of sentence: Imprisonment with prison labor for eight months and suspension of execution for two years (unfavorable circumstances) shall be deemed to have committed the instant crime by assaulting the victim who is his spouse.