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 this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2018. 9. 20. 19:00경 청주시 청원구 B 아파트 C호 피고인의 집에서, 연인관계에 있는 피해자 D(여, 48세)가 샤워를 하는 사이에 피해자의 휴대전화를 확인하다가 피해자가 다른 남자와 교제하는 것과 같은 내용의 메시지를 발견하고 화가 나, 주방에 있던 부엌칼을 들고 “너 오늘 죽는 날이다.“라고 말하며 피해자를 찌를 듯이 칼을 흔들고 방바닥을 4-5회 내려찍고, 주방에서 과도를 들고 와 “그 남자 휴대전화 번호를 차단하라고 했는데, 씨발년 죽인다.”라고 말하여 피해자 옆구리에 과도를 들이댔다.

Accordingly, the defendant threatened the victim with a knife, which is a dangerous thing.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to criminal tools and field photographs;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. One to seven years of imprisonment with prison labor for the range of punishment by law;

2. Scope of the recommended sentence according to the sentencing guidelines [decision of types] violent crimes [Type 4] repeated offenses and special intimidation [Special Intimidation]: Reduction elements of punishment [including serious efforts for recovery of damage] (including the area of recommendation and recommendation range] mitigation areas, imprisonment between two months and one year;

3. Six months of imprisonment with prison labor for a decision of sentence, and two years of suspended sentence: The circumstances favorable to the defendant's liability for the crime of this case in light of the motive, circumstances, and the tool and method of the crime of this case: The defendant agreed with the victim and the conditions of sentencing, such as the above circumstances and the defendant's age, character and conduct, environment, and circumstances after the crime, shall be determined as ordered by the sentence.