A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

The Defendant, a person operating an “E” cafeteria in the D market located in Masan-si, Changwon-si, Changwon-si, and the victim F (V, 48 years of age) operated in the frame of the same item, had a usual complaint as to the sales of the “G” cafeteria operated in the same item, which is higher than the Defendant’s restaurant and higher than the Defendant’s restaurant.

On January 29, 2014, at around 21:35, the Defendant passed the front of the G restaurant. On January 29, 2014, the Defendant considered that the victim F, the victim H (29 years of age), the victim H (29 years of age), and the victim I (28 years of age) was seated, and frightd and frightd, and she went back to the Defendant after receiving the victim F, who she was able to bring about a dispute with the victim F, while she was able to do so.

그럼에도 피고인은 분을 삭이지 못하고 잠시 후 흉기인 돼지머리뼈 절단용 칼(총 길이 26cm, 칼날길이 14cm)을 들고 G 식당에 다시 찾아가, 피해자들을 찌를 듯한 태도로 칼날 끝을 피해자들을 향해 겨누면서 “씨발년놈들, 다 직이삔다!”라고 소리쳐 협박하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H, I, and J;

1. Application of Acts and subordinate statutes on seizure records;

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 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;