A defendant shall be punished by imprisonment for six months.

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

Criminal facts

피고인은 2019. 5. 15. 03:20경 서울 은평구 B에 있는 피해자 C(40세)이 거주하는 D고시원 E호실에서, 피해자가 화장실 청소 상태 문제로 고시원 주인에게 항의하는 피고인에게 핀잔을 주었다는 이유로 화가 나, 소지하고 있던 위험한 물건인 식칼(칼날 길이 17cm , 전체 길이 29cm )을 오른손에 들고 피해자에게 “유서를 써 놓고 왔다. 같이 죽자”라고 위협하고, 위 식칼을 피해자의 복부를 향해 1회 휘두르고, 발로 앉아 있던 피해자의 턱과 코를 1회 찼다.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Police seizure records;

1. Investigation report (related to the verification of CCTV images inside a DNA published source), application of photographic Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and the choice of a sentence concerning the facts of crime: Articles 284 and 283 (1) of the Criminal Act (the point of special intimidation), Articles 261 and 260 (1) of the Criminal Act (the point of special violence), and the choice of imprisonment with prison labor;

1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Confiscation: Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years and not more than six months;

2. Application of the sentencing criteria;

(a) Basic crimes: The basic area of crimes of special assault [decision of types] that have no type six (Cumulative Offense, Special Violence) (the scope of recommending area and recommending punishment] (the scope of recommending punishment) and the basic area of punishment, April to October;

(b) Concurrent Crimes: The basic area of crimes of special intimidation [decision of types] that have no type 4 (Cumulative Crime, Special Intimidation) (Special Intimidation) (the scope of recommendations and recommendations] (the scope of recommendations and recommendations), and April to June;

C. Multiple Crimes Handling: the lower limit of April to July of imprisonment shall be four months, which is the lower limit of basic crimes, and the upper limit shall be the upper limit of concurrent crimes in October, 1, which is the upper limit of basic crimes.