A defendant shall be punished by imprisonment for not less than one year and six 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

1. 폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박) 피고인은 2013. 1. 13. 20:00경 서울 도봉구 C 피고인의 주거지 내에서, 그곳에 찾아온 피해자 D(60세)와 돈 문제로 말다툼을 하던 중 자존심이 상했다는 이유로, 위 주거지 방바닥에 놓여 있던 위험한 물건인 과도(길이 약 20cm, 칼날길이 약 10cm)를 집어든 다음 피해자에게 찌를 듯이 들이대며 “이 개새끼야. 그렇게 배짱이 없냐. 너 한번 죽어볼래”라고 말하며 피해자를 협박하였다.

Accordingly, the defendant threatened the victim by taking advantage of excessive use of dangerous things.

2. Violation of the Punishment of Violences, etc. Act (injury by a group, deadly weapon, etc.) committed bodily injury to the victim by threatening the victim at the time and place specified in paragraph (1) above, and by threatening the victim at the residence of the said defendant, he/she was placed in the body of the victim, resulting in the injury to the victim, such as two heats, in which the period of treatment cannot be known.

Accordingly, the Defendant inflicted an injury on the victim by using glass clock, which is a dangerous thing.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect examination of D;

1. Records of seizure and the list of seizure;

1. Application of statutes on photographs of damage;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act (the occupation of inflicting bodily injury on a dangerous object); Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 283 (1) of the Criminal Act (the occupation of threatening to carry dangerous articles);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. As to the defendant and his defense counsel's assertion under Article 48 (1) 1 of the Criminal Code of Confiscation, the defendant is under the influence of alcohol at the time of committing the crime in this case.