A defendant shall be punished by imprisonment for not less than eight 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

The defendant and the victim C(the age of 32) are father-child relationships.

On 27, 2014. 20:20 on 27, 2014. 20:20 on 20:10, the Defendant left the house of the victim located in Gangseo-si D, thereby getting a sound by getting out of the house of the victim, and the victim of the defect got out of the house.

피고인은 집에서 뛰쳐나온 피해자를 보자마자 위 오토바이 뒤 적재함에 있던 흉기인 회칼(칼날길이 20cm, 총길이 33cm)을 꺼내들려고 하였고, 이를 목격한 피해자가 피고인을 제지하려고 하자 피해자를 향하여 "놔 쌍놈새끼야, 죽여버릴거야 놔 썅"이라고 소리치면서 회칼로 피해자를 위협하였다.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes governing seized articles;

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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing);

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. For the reasons for sentencing under Article 48(1)1 of the Criminal Act of confiscation, the defendant's mistake is recognized and divided, and there is no past record of the previous punishment of this case, and the crime of this case may cause danger and injury to the life and health of the victim by carrying a knife and threatening the knife. Thus, considering the unfavorable circumstances such as the defendant's age, character and conduct, family relation, circumstances leading to the crime of this case, and various circumstances which form the conditions for sentencing such as the following, the sentencing guidelines shall be determined within the scope of the sentencing guidelines (crime of violence, intimidation, imprisonment with prison labor in the basic area of Types 4 special intimidation, 6.1.6 months).

It is so decided as per Disposition for the above reasons.