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 2020. 12. 27. 12:25 경 포항시 북구 B에 있는 피해자 C( 남, 79세) 의 주거 내 거실에서, 피고인의 돈 500만 원을 피해 자가 훔쳐 갔다는 생각이 들자 화가 나, 피해자에게 “ 너는 내한테 죽어야 한다, 내 돈 훔쳐 갔잖아.” 라는 등으로 소리를 지르며 미리 바지 주머니에 넣어 소지하고 있던 위험한 물건인 회칼 2 자루 중 1 자루( 칼 날 길이 약 13cm )를 꺼내

In other words, the victim's lusium, suspended fingers, and left tops have reached nife once every time.

As a result, the Defendant carried dangerous objects and inflicted injury on the left side of the victim in need of treatment for about 28 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of statutes on seizure records of investigation reports (Attachment of a medical certificate for injury of a victim);

1. Articles 258-2 (1) and 257 (1) of the Criminal Act related to the crime as to the mitigation of small amount under Articles 53 and 55 (1) 3 of the Criminal Act;

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

1. Reasons for sentencing under Article 48(1) of the Criminal Act;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [the types of punishment] of special injury and repeated crime [the Class 1] Special injury [the scope of the recommended punishment]: Reduction area of punishment [the scope of the recommended punishment and the scope of the recommended punishment], reduction area of punishment, April through one year [ the scope of the recommended punishment corrected according to the sentencing guidelines] 6 months through one year (the lowest limit of the applicable punishment in law].

3. Determination of sentence: Consideration of eight months of imprisonment, suspension of execution of two years, and one time a fine, which has no record of criminal punishment, including the fact that there is no record of criminal punishment, the background and method of the crime, the degree of damage, the victim's non-existence of punishment, the relationship between the victim and his age