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 two years from the date this judgment became final and conclusive.

Punishment of the crime

피고인은 2013. 6. 8. 16:15경 구미시 C건물 101동 1101호 피고인 집에서 처인 피해자 D(여, 32세)과 함께 술을 마시던 중 피해자에게 내연남이 있다는 사실을 알고 헤어지라고 하였으나 피해자가 이를 거부하자 화가 나 손으로 피해자의 얼굴을 수회 때리고, 주방에 있던 흉기인 식칼(칼날길이 21cm, 폭 5cm)을 가지고 와 피해자를 향해 겨누며 “죽인다”라고 위협하고, 칼등으로 피해자의 머리를 툭툭 내려치고, 칼을 쥔 손으로 피해자의 얼굴을 밀치면서 피해자의 귀를 위 칼에 베이게 하여 피해자에게 약 2주간의 치료가 필요한 두피의 표재성 손상, 타박상 등의 상해를 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to photographs of criminal tools, body parts of victims, and field 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. 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. Reasons for the sentencing of Article 62(1) of the Criminal Act (the first sentence which is favorable among the reasons for sentencing) (the second sentence) of the Act on the Suspension of Execution (the second sentence) (hereinafter referred to as "the reasons for sentencing") (the decision of types) violence: A person who habitually injured, repeated crime, special injury (special person) - Aggravated injury, repeated injury or special injury: A person who is not subject to punishment [the scope of a recommendation] mitigation area; a person who is sentenced to imprisonment for a year and six months from June to June (general person]; a person who has no record of criminal punishment [whether a person is subject to suspended sentence] - A person who committed a crime by carrying a lethal weapon or other dangerous articles with a deadly weapon or other dangerous articles: A person who has no record of criminal punishment; a person who is not subject to punishment; a person who has no record of criminal punishment; and a person who has been detained for a defendant's family member shall be sentenced to an excessive difficulty of sentence accompanying excessive confinement.