A defendant shall be punished by imprisonment for six months.

seizure subparagraph 1 shall be forfeited.

Punishment of the crime

[criminal power] On December 19, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a deadly weapon, etc.), etc. on the part of the Incheon District Court Branch on April 20, 2015. On February 17, 2012, the Defendant was sentenced to imprisonment with prison labor for a period of one year and six months, and completed the execution of the sentence in the Gansung Vocational Training Prison on April 20, 2015. On February 17, 2012, the Defendant was sentenced to imprisonment with prison labor for a period of two years for a suspended sentence.

【Criminal Facts】

피고인은 2015. 8. 30. 22:00경 피고인의 동거녀 C에게 술을 사오라고 하였으나 동거녀가 집을 나가버리자 화가 나 흉기인 식칼(칼날길이 21cm )을 들고 집 밖으로 나온 후, 부천시 소사구 D에 있는 피해자 E(51세)이 운영하는 ‘F마트’에 들어가 피해자에게 식칼을 겨누며 “내 마누라 숨겨 놨지. 마누라 내놔라. 다 죽여 버린다”라고 말하고, 놀라서 피하는 피해자를 쫓아다니고, 그곳에 있는 냉장고 덮개를 식칼로 여러 차례 긁어 피해자를 협박하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. On-site photographs and photographs of seized articles;

1. Previous records: Application of a reply to inquiries, such as criminal records, investigation reports (verification of a person before a repeated crime and his/her person at the expiration of the term of punishment), and application of one copy of Acts and subordinate statutes to personal

1. Relevant Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 283 (1) of the Criminal Act;

2. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

3. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

4. Reasons for the sentencing of Article 48(1) of the Confiscation Criminal Act [Scope of Recommendation] The mitigated area (4-1 year) (including specially mitigated persons) of the mitigated area (4-1 year) (including efforts to recover damage) of the mitigated area (including decisions on a sentence] of the Criminal Act, and the victim.