A defendant shall be punished by imprisonment for six 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

The defendant had been divorced between the victim B (the age of 54) and about 10 years, and the defendant had been living in the same building F where his wife E is living for about 6 months before the victim.

피고인은 2019. 5. 25. 19:50경 위 건물 F호에서, 피해자와 같은 건물에 사는 것이 불편하여 피고인이 이사를 가기로 하였는데 피해자 때문에 쫓겨나는 것 같아 화가 난다는 이유로, 피고인 주거지에 있던 위험한 물건인 식칼(총길이 29cm 상당, 칼날 길이 17cm 상당)을 들고 방안에 누워서 TV를 시청하고 있던 피해자에게 다가가 “죽고 싶나, 걸리기만 하면 다 죽이뿐다.”라고 협박하면서 위 식칼로 피해자의 상의 밑부분을 약간 걷어 올린 다음 배꼽 주변을 약 6회 쿡쿡 찔렀다.

Accordingly, the Defendant, carrying dangerous objects, and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to the photographs, records of seizure and the list of seizure;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 261 and 260 (1) of the Criminal Act which choose a penalty;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] [the category 6] repeated crimes, special assault [the special offender] mitigated elements: Where the punishment is not granted (including serious efforts to recover damage), or considerable damage has been recovered (the scope of the recommended punishment and the recommended punishment] mitigated areas, and February through February, respectively;

3. Determination of sentence: 6 months of imprisonment, one year of suspended sentence, and 40 hours of probation and order to attend the course of the instant crime is a threat to the victim’s physical harm, i.e., the part related to the Defendant’s knife, which is a dangerous thing.