A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

피고인은 2014. 12. 12. 04:00경 거제시 C에 있는 ‘D’ 노래주점 3번 방에서 술을 마시다가, 그곳 종업원인 피해자 E(36세)가 술값 45만 원 결제를 요구하자 술값이 과도하다고 생각하고, 피해자를 자신의 우측 옆에 앉게 한 다음 그곳 주점 안에 있던 위험한 물건인 과도(칼날 길이 11cm, 총 길이 21.5cm)를 피해자에게 들이대면서 “어쩔낀데, 찢어줄까”라고 말하고, 위 과도를 이용하여 피해자가 입고 있던 시가 45만 원 상당의 점퍼를 찢었다.

The defendant, carrying dangerous articles, threatened the victim and damaged the property owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 283 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 3 (1) and 2 (1) 1 of the same Act; Article 366 of the Criminal Act concerning a crime;

1. Of concurrent crimes, an aggravated punishment for concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes as provided for in the Punishment of Violences, etc. which is heavier than the quality of crimes);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that there is no previous conviction or fine exceeding the previous conviction or fine, the fact that his mistake is pened and reflected, and the victim does not want the punishment of the defendant by mutual consent with the victim);

1. Article 62 (1) of the Criminal Act;