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 becomes final and conclusive.

Punishment of the crime

On December 24, 2014, around 19:35, the Defendant argued with D, which is the seat of the Defendant living together at the home of the Defendant No. 104-dong 406-dong 104, the Defendant 104-dong 106, and tried to commit an attempted crime by putting the Defendant’s friendship with E and E, who was under contact with the Defendant, by setting up one-time stop (No. 1) where he had a long sense of credit, such as cremation and pact, in the place where D is located, and by setting it into a single-use stop (No. 1) where he was accumulated, such as cremation and pacta, at the same time as the Defendant’s wife, who was living together at the home of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to reporters and field photographs;

1. Relevant Article of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. The sentencing criteria do not apply to the instant crime, because it was attempted.

3. Determination of sentence: One and half years of imprisonment, and two years of suspended execution are crimes of this case committed by the defendant while fighting his wife and his husband and wife with his wife, and there is a strict punishment corresponding to his liability in light of the motive and danger of the crime.

However, considering the fact that the defendant commits the crime of this case in contingency, the fact that the crime was committed, and the actual damage was not caused by the attempted crime, the fact that there is no record of the same kind of crime, the circumstances favorable to the defendant shall be considered, and the punishment shall be determined in consideration of the sentencing conditions under Article 51 of the Criminal Act