Text
A defendant shall be punished by imprisonment for four months.
However, 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
At around 21:30 on October 23, 2018, the Defendant, at the Defendant’s house located in Seocheon-si B apartment C on the ground that the Defendant was suspected of causing the Defendant’s damage to the vehicle in the traffic accident. On the other hand, the Defendant threatened the victim D (the Defendant, 37 years of age) who is the Defendant’s wife, with a knife knife ( approximately 32 cm in length, 20 cm in length), which is a dangerous object in the main room of the location, with a knife ( approximately 32 cm in length, 20 cm in knife in knife) and assaulted the victim’s knife at one time by drinking.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Seizure records;
1. Application of the Acts and subordinate statutes to photographs and photographs of seized articles;
1. Articles 284, 283(1) (Special Intimidation, Selection of Imprisonment) and 261 and 260(1) (Special Violence and Selection of Imprisonment) of the Criminal Act applicable to the relevant criminal facts;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. Application of the criteria for the mitigation area from February to February to one year to the mitigation area of punishment for special violence according to the sentencing criteria: Imprisonment with prison labor for two months and one year and one year: From February to August;
2. The sentence shall be determined as ordered by taking into account the following conditions of sentencing, including the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime.
In light of the unfavorable circumstances: the Defendant destroyed another person's property with dangerous articles around 2013 and suspended indictment; around 2016, the Defendant assaulted the victim's face, face, head, neck, and shoulder, such as this case, and did not properly reflect the fact that the victim did not want to be punished, and committed the same kind of crime.
The nature of the crime is heavy, such as threatening the victim with the knife, which is a dangerous object.
A favorable normal condition: a mistake.