A defendant shall be punished by imprisonment for two years.

Punishment of the crime

[Criminal Power] On January 17, 2018, the Defendant was sentenced to one year of imprisonment with prison labor for an injury, etc. in the Busan District Court’s branch branch, and four months of imprisonment with prison labor for an injury in the same court on May 24, 2018, and the execution of the sentence was terminated in the North Korean Court on March 30, 2019.

【Criminal Facts】

피고인은 2019. 10. 15. 23:53경 부산 북구 B아파트 C호 피고인의 집에서, 평소 위층에서 나는 층간 소음에 불만을 가지고 있던 중, 위층에서 쿵쿵거리는 소리가 들린다는 이유로 피고인의 휴대전화를 방 천장에 던지고, 주먹으로 방문과 벽을 때리며 소란을 피우다가 피고인의 모 피해자 D(여, 73세)이 이를 말린다는 이유로 격분하여, 주방에서 과도, 식칼 등 칼 4자루를 꺼내어 거실 바닥에 집어던지고, 바닥에 던진 과도 1개(총길이: 24cm, 칼날: 13cm)를 재차 집어 들고 피해자에 다가가 “칼로 죽여버릴까.”라고 소리치며 위 과도 칼날을 피해자의 목에 대는 등 마치 피해자를 찌를 듯이 위협하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. 112 Reporting case management table;

1. On-site photographs and blade photographs;

1. Records of seizure and the list of seizure;

1. Investigation report (investigation into the situation of appearance, etc.);

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, inquiry reports and investigation reports (Attachment of results of search by prisoners to A, reporting of attachment of the same kind of judgment);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (2) of the Criminal Act selecting a penalty;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of punishment by law: Imprisonment with labor for not more than 14 years;

2. Aggravation of the recommended punishment according to the sentencing guidelines (decision of types) for violent crimes: Victims who continue to exist, repeated crimes of the same kind (special sponsive persons) (special sponsive persons): Special aggravation of the recommended punishment, six months to three years of imprisonment.

3. Determination of sentence: Imprisonment with prison labor for the crime of this case for two years;