A defendant shall be punished by imprisonment for six 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 representative of the Victim C(59 years of age), was the former secretary of the (state)D operated by the Victim C(59). On the ground that the Defendant accused the Victim on the police for the suspicion of occupational embezzlement, the Defendant considered that the Defendant did not approve the documents on wages, such as the Defendant’s printing and official expenses, etc.

피고인은 2013. 7. 31. 14:05경 부산 동래구 E에 있는 위 (주)D 사무실에서 피해자 C가 들어온 것을 보고 화가 나, 그곳 사무실에 같이 있던 위 회사 직원 F, G을 밖으로 나가라고 소리쳐 나가게 한 후 그곳에 있는 피고인 책상 서랍 안에 보관 중이던 칼날길이 18cm인 식칼을 꺼내어 들고 “저 새끼, 내가 칼로 죽일거야.”라고 소리치면서 사무실 출입문을 잠그고 “내가 여기에서 너를 죽일거야.”라고 말하면서 위 식칼을 피해자의 목과 배에 들이댔다.

Accordingly, the defendant, while carrying a deadly weapon, threatened the victim with the same attitude to inflict any harm on the victim's life or body.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on police 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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (All circumstances, including the fact that the injured person is fully responsible for the occurrence of a crime, the fact that there is no record of punishment heavier than that imposed on the same kind of crime and the suspension of execution, and the fact that he/she takes a bath to a higher victim, and that he/she has been dumped for exhumation, shall be taken into

1. It shall be decided as per the Disposition on the grounds of Article 62 (1) of the Criminal Act or more (recognating Reasons for discretionary mitigation);