A defendant shall be punished by imprisonment for a term of one year and four months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 20, 2016, at the defendant's house located in Eunpyeong-gu Seoul Metropolitan Government C2 level, the defendant found that the victim D (the age of 43) who is a water purifier's employee is replaced by the water purifier's pen at the defendant's house room located in Eunpyeong-gu Seoul Metropolitan Government C2 level, and without any reason, collected the transition (the total length of 22 cm and 11.5 cm in length on the day) which is a dangerous object on the water purifier's kitchen deposit without any reason, and collected the transition (the age of 22 cm in total length and 11.5 cm in length on the day).

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. List and record of seizure;

1. A report (a report made by the person under consideration on the water tank in which the person under consideration is well-known);

1. Application of Acts and subordinate statutes to a report on investigation (Submission of a medical record);

1. Articles 258-2 (3) and (1), and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62(1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 201Da1248, Apr. 1, 2

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The Defendant’s crime of this case with the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act is an unfavorable circumstance against the Defendant, in light of the following: (a) the Defendant’s act of placing knife several times toward the victim; (b) the act itself has very heavy risk of committing a crime; and (c) the Defendant did not have any agreement with the victim.

On the other hand, considering the fact that the defendant suffers from old and alcohol dementia and it seems that such disease directly caused the crime, that it is desirable to induce the defendant to treat mental illness under the family's assistance rather than promoting edification in prison by sentencing the defendant's punishment to the defendant, and that the defendant has long been only one time of probation due to obstruction of performance of official duties, the defendant's character, environment, and all other factors of sentencing are considered.