A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

피고인은 2014. 12. 3. 22:30경 고양시 덕양구 C, 3층 계단에서, 그 앞을 지나가는 피해자 D이 쳐다봐서 화가 난다는 이유로 다짜고짜 피해자에게 “씨발 뭘 쳐다봐, 야이 씨발놈아 모가지를 따버린다, 내일 3명 데리고 와서 칼로 배 때지를 쑤셔버리고 가족들도 다 죽여버리겠다”라고 말하였다.

Accordingly, the Defendant threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 283 (1) of the Criminal Act applicable to the crimes and Article 283 (1) of the Election of Imprisonment or Imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for not more than three years;

2. Application of the sentencing criteria (decision of type), violence crimes, intimidation crimes, and no type 1 (general intimidation) (decision of recommending type), basic area of punishment, February 1 and year of imprisonment.

3. One year of stay of execution in four months of imprisonment with prison labor for a decision of sentence (the fact that the defendant reflects the sex, the fact that the defendant has no criminal records of stay of execution or more, the age, character, conduct and criminal records, economic and home conditions, etc.