A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2013. 2. 22. 00:30경 피고인과 피해자 D이 함께 거주하는 수원시 권선구 E건물 1302호에서, 같은 날 00:10경 수원시 영통구 F, 4층에 있는 상호불상의 술집에서 다투었던 일로 피해자와 말다툼을 하다가 피해자로부터 “같이 못살겠다. 짐을 싸라.”라는 말을 듣자 화가 나, 주방 싱크대 위에 놓여 있던 과도 2개[총 길이 24cm(칼날 길이 13cm), 총 길이 20cm(칼날 길이 10cm)]를 양손에 집어 들고 피해자에게 “죽여버리겠다.”라고 말하고 과도[총 길이 24cm(칼날 길이 13cm)]를 쥔 오른쪽 주먹으로 피해자의 가슴을 1회 밀쳐 폭행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police interrogation protocol to D

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (a point where the defendant has agreed smoothly with the victim);

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Reasons for discretionary mitigation);

1. The dismissal of prosecution under Article 62-2 of the Criminal Act

1. Around 00:10 on February 22, 2013, the Defendant attempted to take a place in a house that occurs from G while drinking alcohol together with the victim D (21 years of age) and G in a mutual influent drinking house located in the F4th floor in Suwon-si, Suwon-si, Suwon-si, and sought to take a bath from G while drinking alcohol. The Defendant was fluent in the process of the victim’s horseing the Defendant, and the Defendant abused the victim’s breath in a fluent manner.

2. The facts charged of this case are crimes falling under Article 260 (1) of the Criminal Act, which cannot be prosecuted against the victim's express intent under Article 260 (3) of the Criminal Act. According to the records, the victim can recognize the facts that he/she has withdrawn his/her wish to punish the defendant after the indictment of this case. Thus, Article 327 (6) of the Criminal Procedure Act is applicable.