A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant and the victim C(61) were neighboring geographical areas, and the defendant was dissatisfied with the victim's horizontal work and paying noise.

피고인은 2018. 9. 17. 17:33 경 부산 동래구 D에 있는 피해자의 주택에서 위와 같은 사유로 피해자에게 따지기 위해 위험한 물건인 전지가위( 총길이 50cm, 칼날 길이 28cm )를 들고 피해자의 주거지 담을 넘어 들어가 피해자의 주거에 침입하여, 위 전지가위를 들고 피해자에게 겨누며 “야 이 씨 발 놈 아, 너 거 가족 다 죽이 삔다.

I would like to do so, knife, knife, knife, knife, knife.

“In the end, the victim threatened the victim.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the police seizure protocol and the statutes on the list of seizure;

1. Relevant legal provisions of the Criminal Act and Articles 320, 319 (1) (the occupation of intrusion into residence with a deadly weapon), 284, and 283 (1) (the occupation of intimidation carrying a deadly weapon, and the choice of imprisonment with prison labor) of the Criminal Act concerning the crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Where the scope of the recommended punishment according to the sentencing guidelines, special intimidation [the scope of the recommended punishment] is mitigated from the mitigated area (two months to one year), the punishment is not suspended (including special mitigation persons), or considerable damage is recovered from the mitigated area (including serious efforts to recover damage), or a considerable part of the mitigated area (two months to one year), or special intimidation (the scope of the recommended punishment) is set forth in the sentencing guidelines * Special intrusion into residence is not subject to the sentencing guidelines;

2. Taking into account all kinds of sentencing conditions, including the fact that the sentence is the initial offender, the fact that the victim has agreed with, the fact that the victim has reflected, the age, sex behavior, environment, motive, means and result of the crime, and the circumstances after the crime;