A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

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