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 becomes final and conclusive.

Punishment of the crime

[Judgment of the court below] The defendant is the owner of Ansan-gu B lending and the owner of the above B lending site. The victim C(the age of 67) is the resident of the above lending D, and the defendant and the victim suffered conflict from April 2019 with regard to the removal of the building extended to the site of the above lending site.

【Criminal Facts】

피고인은 2019. 10. 4. 18:50경 피해자의 주거지 바로 앞에 있는 철제 울타리에 이르러 피해자가 증축한 가건물을 철거하지 아니한다는 이유로 화가 나, “이 씨발 놈아, 대가리 확 쪼개서 쭉쭉 빨아 먹는다, 죽여 버린다, 내가 너는 잘근잘근 씹어 줄 거야!”라고 욕설을 하면서 소지하고 있던 위험한 물건인 도끼(총 길이: 약 39cm , 날 길이: 약 10cm )로 피해자에게 위해를 가할 듯이 위 펜스를 약 15분에서 20분간 수십 회 내리찍었다.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Investigation report (verification of records);

1. The police seizure record and the list of seizure;

1. Application of the Acts and subordinate statutes to seized articles photographs and field photographs;

1. Relevant Article of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act ( considered as the following favorable circumstances):

1. Social service order under Article 62-2 of the Criminal Act;

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

1. The scope of recommendations according to the sentencing criteria (decision of types) and the basic area of repeated crimes and special intimidation [the scope of recommendations and recommendations], and April through June of imprisonment;

2. A extenuating circumstances unfavorable to the determination of sentence: The Defendant, who is a breath tenant, was frighting in the vicinity of the victim’s residence and threatened the victim.

As a result, the elderly victim sleeped a serious fear, and complained of uneasiness until now, and the defendant's severe punishment.