A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Punishment of the crime

피고인은 2015. 2. 5. 22:40경 광주시 C에 있는 D 건설현장 숙소에서 술에 만취하여 피해자 E이 숙소 등을 껐다는 이유로 화가 나 말싸움을 하던 중 평소 소지하고 있던 위험한 물건인 맥가이버 칼(총 길이 16cm, 날 길이 6cm)을 꺼내 들고 피해자를 향해 칼끝을 겨누면서 “다 죽여 버린다!”라고 소리쳐 피해자를 위협하였다.

Accordingly, the defendant threatened the victim with a knife, which is a dangerous thing.

Summary of Evidence

1. Legal statement of witness E;

1. Police suspect interrogation protocol regarding E;

1. Seized objects and photographs;

1. Application of statutes on site photographs;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Persons who are not subject to the punishment in the mitigated area (4 months to 1 year) (special mitigation) (4 months to 1 year) of the mitigated area (4 months to 1 year) of the sentencing guidelines, the scope of recommendation [the scope of recommendation] according to the sentencing guidelines;

2. The sentence shall be determined like the order, taking into consideration the overall circumstances shown in the pleadings of this case, such as the fact that the victim was not subject to the punishment of the defendant, the background leading the defendant to the crime of this case, the criminal records, the age, family relations, and inclination of the defendant;