Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

피고인은 2020. 6. 18. 08:44경 인천 부평구 B아파트 C동 주차장에서, 담배를 피우고 있던 피해자 D(39세)을 발견하고 자신을 감시하기 위해 국정원에서 보낸 직원이라고 오인하여 위 주차장에 주차해 둔 화물차에서 위험한 물건인 식칼 2자루(증 제1호, 칼날 길이 각 25cm)를 꺼내 손에 쥔 채로 피해자를 향해 다가가 “등을 보이면 죽는다. 나한테 걸리면 죽는다.”라고 말하여 마치 위 식칼로 피해자에게 위해를 가할 것처럼 행동하였다.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to the report of investigation;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, even though the defendant committed the crime of this case during the period of repeated crime after having been sentenced to a punishment for a drug-related crime, the defendant appears to have committed the crime of this case. The defendant's explicit intent to recognize and reflect the crime of this case is shown, the victim suffers from a normal mental disease and suffers from a mental disease, and there are some circumstances to consider the health condition of the defendant, taking into account the fact that the defendant suffers from a normal mental disease, and the treatment is performed, the sentencing guidelines are not applicable since he/she selects all the sentencing conditions as shown in the arguments and records of this case, such as the defendant's age and happiness environment, relationship with the victim, the motive and consequence of the crime, and the circumstances after the crime.

(1) The punishment as ordered shall be determined in comprehensive consideration of each subparagraph.