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

피고인은 2015. 5. 27. 06:40경 여수시 문수동에 있는 주공아파트 상가 뒤편 정자에서 알고 지내던 피해자 C(남, 56세)를 불러내, 피해자가 소개해줘 알게 된 D이 평소 피고인을 무시한다는 이유로 소지하고 있던 흉기인 식칼(칼날길이 20cm, 총 길이 30cm)의 손잡이 부분에 흰색 면장갑을 말아 쥔 다음 정자 마루에 식칼을 내리 꽂으면서 “너 이 새끼 죽여버린다.”고 위협하고, 다시 식칼을 뽑아 피해자의 배를 3 ~ 4회 가량 찌르는 시늉을 하여 위협하였다.

Accordingly, the defendant threatened the victim with a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes, such as photograph of criminal implements;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act and Article 283 (1) of the Criminal Act concerning the crime;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Where the scope of recommendation [the scope of recommendation] on the sentencing criteria is subject to the mitigation area (four months to one year), the punishment not (including serious efforts to recover damage), or considerable damage has been restored to a reduced area (four months to one year), the punishment of a person subject to special mitigation (including serious efforts to recover damage) or considerable damage;

2. In full view of the following circumstances: A normal violent crime committed by a victim who is favorable to the decision-making of the sentence has not been punished for the defendant; seven times a previous offense was committed against the defendant; the suspension of the execution is more than seven times; and all other sentencing conditions on the records, such as the age, character, conduct