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 becomes final and conclusive.

Punishment of the crime

피고인은 2015. 6. 25. 23:00경 안산시 단원구 C 402호에 있는 피고인의 주거지에서, 아내인 피해자 D이 이혼을 요구하였다는 이유로 화가 나, 주방 싱크대 안에 있던 흉기인 칼 2개(각 총 길이 약 33cm, 칼날 길이 약 20cm)를 꺼낸 후 피해자를 쳐다보며 양손으로 칼을 교차시켜 ‘슥슥’ 갈고, 이를 보고 “뭐하는 거냐”고 묻는 피해자에게 “씨발년아, 끝내, 그리고 우리 같이 죽자”라고 말하는 등으로 피해자의 생명이나 신체에 위해를 가할 듯한 태도를 보였다.

Accordingly, the defendant threatened the victim by using a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Statement made by the police on D;

1. Application of each of the video-related Acts and subordinate statutes to the motion picture of the case;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 283 (1) 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. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. The lower limit of the applicable sentencing range for the sentencing of Article 48(1)1 of the Criminal Act: The term of imprisonment shall be set within the scope of the recommended sentencing and the execution of imprisonment shall be suspended, taking into account all the circumstances, including the following: (a) the minimum limit of the applicable sentencing range for six months and the victim; (b) the relationship between the Defendant and the victim; (c) the victim and the victim did not have any criminal history; and (d) the victim did not have any criminal history.

It is so decided as per Disposition for the above reasons.