Defendant

A shall be punished by imprisonment for eight months.

Provided, That with respect to Defendant A, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

In an indivisible final and conclusive judgment that recognized a number of concurrent crimes with the scope of hearings as guilty, where it is deemed that there exist grounds for request for retrial only for a part of the facts constituting an offense among them, a decision to commence retrial has to be made as to the whole of the judgments. However, as to the facts constituting an offense for which there is no grounds for retrial under the nature of the retrial system, which is an emergency remedy, the effect of the decision to commence retrial is included in that part formally, the retrial court cannot reverse the conviction by re-examination. However, since the new sentence should be imposed on that part, it is only possible to conduct a trial only to the extent necessary for sentencing.

(1) As to the crime of violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment, etc. of Violences, etc., without any grounds for retrial among the judgment subject to a retrial, a trial is to be conducted only to the extent necessary for sentencing.

Criminal facts

Defendant

A is a person who is in a marital relationship with a victim D (n, 43 years of age).

Around 01:00 on October 18, 2010, the Defendant: (a) determined that the victim had been a male and a female at the home of the Dongwon-gu E apartment 603 1204 dong 1204, Ansan-si, Ansan-si, the Defendant: (b) determined that the victim had been a deadly weapon (total length of 32 cm and 10 cm in length) located in the relevant place; (c) “packer knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif knif knif.” (hereinafter).