A defendant shall be punished by imprisonment with prison labor for four months.

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

Punishment of the crime

피고인은 2020. 5. 8. 02:30경 제주시 B건물 2층에 있는 피고인의 집에서, 배우자인 피해자 C(여, 51세)와 여자 문제로 말다툼을 하다가 피해자를 때려 넘어뜨린 다음 주방에서 위험한 물건인 식칼(칼날길이 18cm, 손잡이 12cm)을 들고 피해자에게 다가와 왼손으로는 피해자의 목 부위를 잡고 오른손에는 칼을 쥔 채 피해자에게 “죽이겠다.”고 말하여 피해자를 협박하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The application of C’s investigation report (as to the circumstances in which the knife related to special intimidation has not been seized), related photographs, and the statutes governing the 112 Report Handling Table;

1. Relevant Articles 284 and 283 (1) of the Criminal Act concerning criminal facts, the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the instant crime was committed on the grounds of the suspended sentence of punishment (a favorable one of the reasons for sentencing) with the knife (30cm in total length, 17cm in knife length) that is a dangerous object, and thereby threatening the victim with the knife knife of the victim’s knife and threatening the victim, which is disadvantageous to the nature of the crime, and the Defendant has been punished several times, including the suspended sentence of imprisonment due to violent crimes.

However, it is favorable for the defendant to recognize the facts charged and reflect it, and the victim does not want to punish the defendant.

In addition, the defendant's age, character and conduct, environment, means and results of crimes, and the circumstances after crimes, etc. shall be determined as ordered by taking into account the various sentencing conditions shown in the trial process of this case.

[Sentencing Criteria] Crimes - Special Intimidation: Violence Crime Group, Intimidation Crime, Type 4 (Special Intimidation for Cumulative Crime), Non-Crime of Punishment, etc.