A defendant shall be punished by imprisonment 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. 23. 10:20경 대구 북구 B 상가 1층 ‘C점’에서 피해자 D(여, 56세)가 김밥을 사러 온 피고인을 무시한다는 이유로 화가 나 그 곳 도마 위에 놓여 있는 위험한 물건인 식칼(총 길이 39cm, 칼날 길이 26cm)을 손에 들고 피해자를 향해 찌르는 시늉을 하며 ‘씨발년 죽여뿐다. 찔러 죽여뿐다.’라고 협박하였다.

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

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes concerning crime tools photographs and CCTV duplicating photographs;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of the recommended punishment according to the sentencing guidelines [decision of types] for violent crimes [Type 4] for repeated crimes and special intimidation [Special Aggravationd Persons] for mitigation: The area of reduction of punishment [the area of recommendation and recommendation range], the area of reduction of punishment [the area of recommendation and recommendation range], and two months through one year;

2. Determination of sentence: (a) comprehensively taking into account the following circumstances and the Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the commission of the commission, circumstances after the commission of the commission of the commission, etc.; and (b) the conditions of various sentencing as shown in the argument of the instant case:

D. Unfavorable circumstances: The crime of this case is a case in which the defendant threatened the victim with a knife, which is a dangerous thing.

The favorable circumstances: The defendant is against the defendant, recognizing the crime of this case.

The injured party does not want to punish the accused.

The defendant seems to have committed the crime of this case by contingency.

The defendant has no record of criminal punishment for not less than 20 years since he/she was sentenced once to a fine for violating the Punishment of Violences, etc. Act on May 191.