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

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

Punishment of the crime

피고인은 2015. 3. 23. 12:20경 부산 수영구 C에 있는 D 2층 남탕에서 피해자 E(47세)이 시끄럽게 한다는 이유로 시비가 되자 위 목욕탕 거울 앞에 있던 면봉 2개를 부수어 뾰족한 부분으로 피해자의 눈을 찌를 듯이 위협을 가하고, 이어 같은 장소의 이발소 선반에 있던 위험한 물건인 이발용 가위(총길이 15cm)를 들고 와 피해자를 향해 “찔러 죽인다.”고 말하여 협박하였다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each police protocol of statement to E and F;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 283 (1) of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation ( comprehensively considering all the circumstances, such as the fact that the crime of this case was committed as a recipient of basic living expenses who received contingent support, the fact that there was no record of punishment for the same kind of crime, the fact that the victim does not want the punishment of the defendant, and the fact that the victim is against himself

1. It shall be decided as per the Disposition on the grounds of Article 62 (1) of the Criminal Act or more (recognating Reasons for discretionary mitigation);