A defendant shall be punished by imprisonment for one year.

However, the above sentence shall be executed for a period of one year and six months from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2015. 5. 27. 06:40 경 여수시 문수동에 있는 주공아파트 상가 뒤편 정자에서 알고 지내던 피해자 C(56 세 )를 불러 내, 피해자가 소개해 줘 알게 된 D이 평소 피고인을 무시한다는 이유로 소지하고 있던 흉기인 식칼( 칼날 길이 20cm, 총 길이 30cm) 의 손잡이 부분에 흰색 면장갑을 말아 쥔 다음 정자 마루에 식칼을 내리 꽂으면서 “ 너 이 새끼 죽여 버린다” 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. Statement by the defendant in court;

1. Statement made by the police against C;

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

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 sentencing of Article 62-2 of the Criminal Code of the Social Service Order and Article 62-2 of the Social Service Order takes into account the following two factors: (a) the victim is not subject to the punishment of the defendant; (b) the criminal records of the defendant’s same crime; and (c) the age, sex, environment, occupation, etc. of the defendant (in determining the period of suspension of execution, the period of suspension of execution has been taken into account until a decision to commence a new trial was made after the decision for a new trial became final and conclusive after the decision for a new trial