A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

피고인은 2018. 1. 21. 03:00 경 부산 동래구 C에 있는 D 약국 앞길에서 피해자 E( 여, 26세) 이 자신을 쳐다본다는 이유로 화가 나 피해자에게 “ 이 씨발 년 아 뭘 쳐 다보 노 ”라고 욕설을 하면서 미리 소지하고 있던 위험한 물건인 회칼( 총길이 23cm, 칼날 길이 13cm) 을 꺼 내 어 피해자의 복부에 겨누면서 “ 내 건달인데 쑤시삘 라, 죽여 뿔 까 “라고 말하여 피해자를 협박하였다.

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

Summary of Evidence

1. Legal statement of witness E;

1. Application of the police seizure protocol and the statutes on the list of seizure;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. The defendant's defense counsel on the argument of mental and physical weakness under Article 48 (1) 1 of the Confiscation Criminal Act asserts that the defendant was in a mental and physical weak condition under the influence of alcohol at the time of the crime of this case. Thus, according to the evidence duly adopted and investigated by the court, the defendant is found to have been under the influence of alcohol at the time of the crime of this case, but it cannot be deemed that the defendant lacks the ability to discern things or make decisions. Thus, the above argument is rejected.

The reason for sentencing [Scope of Recommendation] The basic area (6 months to one year and six months) of the four types of intimidation (Habitual, repeated, special intimidation) / [Determination of sentence] the execution of imprisonment is suspended in consideration of the fact that the defendant has no record of criminal punishment for violent crimes, but has not made every effort to recover damage, and community service is also ordered considering that the defendant has no record of criminal punishment for violent crimes.