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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2018. 9. 19. 17:05 경 사천시 B에 있는 C 자재창고 앞 공사현장에서, 공사현장 책임자인 피해자 D(56 세 )에게 위 공사현장 옹벽 아래에 있는 자신의 주거지의 빗물 누수 문제를 해결해 줄 것을 수차례 요구하였으나 이를 해결해 주지 않자 화가 나, 위험한 물건인 칼( 칼 날 길이 20cm, 총 길이 32cm) 을 들고 피해자를 찾아가, 피해자에게 “ 호로 자슥아! 니는 내가 찔러 죽여야 된다!

While intending to take a knife the face of the victim, the victim was unable to take the knife and restrain the defendant's arms.

Thus, the defendant carried dangerous things and tried to inflict an injury on the victim, but did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes of blades;

1. Articles 258-2 (3) and (1), and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., the fact that an agreement has been made with the victim and that a victim could defend because the defendant's act was not relatively pleasible);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;