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A defendant shall be punished by imprisonment for one year.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 19, 2013, the defendant, who entered the Republic of Korea on January 19, 2013, works as a seafarer in Russia's "C" as a person of Russia's nationality, and has been doubtful that the victim D (n, 44 years old) who is a national of Russia and about two years ago, living together with another male victim.
At around 15:30 on April 27, 2015, the Defendant divided the first race in front of the victim's house 2, 701, Dong-gu, Busan, E apartment 2, and 701, but there was no answer, the Defendant stated that "the victim does not open the door because he is in the house with another male," and found the victim who was living in the house through the balcony window No. 701, by using a fire fighting unit, and then entered the house through the balcony No. 701, and then found the victim who was living in the shower, with the view of "the victim was living in the shower after having sexual intercourse with another male and the other male is still in the shower, and the other male is in the walk of the victim's head 3 to 4 times, and the victim's head knife (16 cm length, 27 cm length and knife knife knife knife k's body.)"
Accordingly, the defendant carried dangerous objects and threatened the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the statement of victim, each photograph, and 112 reported details to the victim;
1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 283 (1) of the Criminal Act;
1. A suspended sentence under Article 62(1) of the Criminal Act shall be sentenced to a suspended sentence of imprisonment, taking into account the following factors: (a) the scope of mitigation (4 to 1 year), the area of mitigation (4 to 4 months), the area of punishment (including special mitigation) or the area of recovery from damage (including advanced efforts for recovery from damage) or considerable partial damage (decision of a sentence] of the suspended sentence under Article 62(1) of the Criminal Act; (b) the victim does not want the punishment; and (c) the fact that