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

피고인은 2017. 7. 30. 11:00 경 전 남 장흥군 C에 있는 경로 당에서, 이전 피고인의 모친과 D가 다툰 사실에 대해 따지기 위해 피해자 E( 여, 76세) 과 피해자 F( 여, 74세 )에게, D가 어딨는지 물었으나 피해자들이 모른다고 대답하여 화가 나, 위험한 물건인 부엌칼( 칼날 길이 19cm, 손잡이 10cm) 을 들고 “D 어딨냐고 씨발 년 아, 이 잡년이 니가 모르면 누가 알아 D 이년 콱 씨 발 죽여 버린다 칼로 쑤셔 버린다, 너희 두 년들도 다 뒤진다 죽여 버린다 ”라고 하면서 피해자들을 향해 찌를 듯이 위협하여 피해자들을 각각 협박하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Application of statutes on records of seizure and lists of seizure;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. To observe and observe protection and community service order Article 62-2 of the Criminal Act, the elements of sentencing under the grounds of sentencing, and other factors of sentencing, including the Defendant’s age, sex, environment, background, circumstances before and after the commission of the crime, and all the conditions of sentencing as shown in the records and arguments, such as the circumstances before and after the commission of the crime

The elements of sentencing in favor of the defendant: The defendant recognized his mistake and reflects, agreed with the victims, and the victims do not want the punishment against the defendant.

(1) Unfavorable elements of sentencing: The instant crime was committed with a knife, which is a dangerous object, and the victims are threatened, and there was a possibility that it may lead to a serious danger to the life and body of the victims, and there are many criminal convictions of the Defendant.

See the sentencing guidelines (the scope of the recommended punishment is not set for the ordinary concurrent crimes) / [the scope of the recommended punishment] types 4 (Habitual, repeated, special intimidation) basic area (6 months to 1 year and 6 months).