Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2015. 5. 8. 14:00경 거제시 C, 102호에서 약 3년간 동거하던 피해자 D(여, 50세)과 성관계를 하던 중, 피고인은 피해자의 가슴에 할퀸 상처를 보고 피해자를 추궁하였고, 이에 피해자로부터 “엊그제 만난 E가 그랬다.”라는 말을 듣고 화가 나, 그곳 싱크대 위에 놓여 있는 흉기인 주방용 식칼을 꺼내 들고, “좀 깨끗하게 살자, 더러운 짓 좀 제발 하지 말자.”라고 말하며 식칼을 피해자에 목에 들이대고, 계속하여 위 식칼로 피해자의 머리 부분을 찔렀다.

Accordingly, the defendant set up an open room for the victim for about 12 days in need of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the legislation in its opinion;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] : Type 1 (Habitual Injury, Bodi Bodily Injury, Bodily Injury and Special Injury) (1 year and two years and six months) (1 year and six months) (1 year and six months)) in the mitigation area (1 year and six months) (1 year and six months) (1 year and six months), the sentence shall be determined as per the order, comprehensively taking into account the following circumstances, including the defendant’s age, character and behavior, environment, motive of the crime, circumstances after the crime, etc., and all the various conditions

The favorable circumstances: The injury was inflicted on a knife, which is a deadly weapon, such as the fact that the degree of damage is not excessive, the fact that the crime was committed by contingently under the influence of alcohol, and the fact that the victim agreed smoothly with the victim: The injury was inflicted on a knife, which is