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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 18:13 on September 3, 2013, the Defendant: at the Defendant’s house located in Gwangju-si C building 303, the Defendant: (a) found a divorce lawsuit pending; (b) opened a kitchen kitchen (22cm in the blade; 35cm in the total length) and left hand of the kitchen, which is a deadly weapon, on the hand, in which D and the victim E (50 years old) enter the house by appending the locks and opening the house; and (c) had an excessive (10cm in the blade; 20cm in the total length; 35cm in the blade), and had an open room in the part of the victim, which took the part of the kitchen knick in front of the door.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E and F;
1. Records of seizure and the list of seizure;
1. A medical certificate;
1. Application of Acts and subordinate statutes to photograph victims E;
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;
2. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following grounds for sentencing):
3. Article 62 (1) of the Criminal Act (Concurrent Consideration for sentencing).
4. Probation, Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.
5. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;
1. The scope of punishment: Imprisonment for not less than one year and not less than six months;
2. Scope of sentences recommended on the sentencing guidelines [type of crime] Types 1 of special injury [Special Aggravation of Punishment]: Minor injury, responsibility of the victim [general person] mitigated elements: Serious reflect [Determination of the scope of punishment by recommendation] mitigated area (based on suspended sentence of imprisonment between one and half years through two years and six months] mitigated area (based on suspended sentence of imprisonment] (based on suspended sentence of imprisonment): One year and six months): The person carrying a lethal weapon or other dangerous object, and has no criminal records of a significant radius, minor injury, occurrence of a crime, or expansion of damage to the victim: There is no criminal record of a significant radius, suspension of execution or more (affirmative);
3. Determination of sentence: Two years of imprisonment and three years of a stay of execution; and
4. This case where the defendant has a reason for probation.