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

The defendant is a person who resides in B apartment C, and the victim D (the age of 34) visits the above apartment E-Satri village.

피고인은 2018. 11. 4. 22:25경 위 피고인의 주거지에서, 어디선가 "쿵쿵"하는 층간소음이 들려오자 이에 화가 나 약 10kg 아령을 들고 마루바닥을 수 회 내리쳤고, 이를 듣고 피고인의 집을 항의 차 찾아온 피해자로부터 "왜 이렇게 시끄럽냐"는 말을 듣게 되자 이에 화가 나, 그곳 부엌에 있는 위험한 물건인 식칼(총 길이 약 30cm, 칼날길이 18cm)을 들고 피해자에게 "죽여 버린다"고 위협하고 이에 놀라 도망치는 피해자를 위 아파트 E호까지 따라갔다.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D, F and G;

1. Application of statutes on site photographs;

1. Relevant Article of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Reasons for the sentencing of Article 62(1) of the Criminal Act [the scope of recommending sentence] the sentencing of Article 62(1) of the Act on the Suspension of Execution, the area of mitigation (two to one year), the area of mitigation (two to one year) of Part IV of the Act on the Suspension of Execution: The case resulted from conflicts arising from noise problems between neighbors.

The defendant was assaulted between neighbors due to the same problem before, and was prosecuted for the crime of injury and sentenced to a suspended sentence.

The execution of imprisonment shall be suspended in consideration of the fact that the defendant agrees with the victim and is against the victim, and the probation shall be ordered to prevent the recidivism.