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 2020. 4. 16. 01:38경 구미시 B에 있는 C편의점 앞에서 피해자 D(남, 22세)에게 “조용히 좀 해라”라고 말하였음에도 자신의 말을 듣지 않고 욕을 한다는 이유로 경북 구미시 E에 있는 자신의 집에서 과도(총 길이 약 23.5cm, 칼날길이 약 12.5cm)를 가지고 나온 다음 이를 오른손에 쥔 채로 피해자를 따라가며 “나는 너만 찔러 죽인다. 너 얼굴 봐 놨다, 씨발놈아.”라고 말하여 과도로 피해자를 찌를 듯이 위협하였다.

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

Summary of Evidence

1. The defendant's written statement F, and D's written statements;

1. Protocols of seizure, list of seizure, excessive photographs, and application of Acts and subordinate statutes on the face of crimes, of 112 reported case handling lists;

1. Relevant Article of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, the choice of imprisonment for a crime;

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

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

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

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines, and the basic area of recommendation [the scope of recommendation and recommendation] that there is no repeated crime, special intimidation [the category 4] (the scope of a person specially punished], and the basic area of recommendation [the scope of a recommendation field and recommendation], and April through June.

3. In full view of the fact that there is no record of punishment exceeding the same kind of determination of sentence and fine, the recognition of the crime, and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and all the conditions of sentencing as shown in the arguments in this case, such as the circumstances after the crime, etc., the sentence as ordered