A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Punishment of the crime

The defendant is a victim B (n, 42 years of age) who was a de facto spouse and a person living separately from January 2019.

피고인은 2019. 2. 26. 01:00경 광주 광산구 C아파트 xxx동 xxx호 피해자의 주거지에서 술에 취한 상태에서 피해자를 찾아 와 말다툼을 하다가 피해자가 나가 달라고 요구하자, “미친 년아, 개 같은 년아, 내가 애들 몇 년 키웠는데 여길 못 올 이유가 뭐냐, 내가 왜 가야 하냐.”라고 하면서 주먹으로 방문을 수회 가격하여 문짝을 부숴 버리고, 피해자가 딸에게 신고하라고 하자 상의를 벗고 부엌에 있는 위험한 물건인 식칼(칼날길이 20cm)을 가지고 와 자신의 배에 가져다 대고 “내 배를 가르고 너도 죽여 버리겠다.”라고 말하면서 겁을 주었다.

Accordingly, the defendant damaged the victim's property-related visits equivalent to 100,000 won in the city and threatened the victim by carrying dangerous things.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A report on internal investigation (attaching evidentiary photographs);

1. Application of Acts and subordinate statutes to investigation reports (in relation to calculation of the amount of damage caused by property damage);

1. Relevant Articles 284 and 283(1) of the Criminal Act, Article 36 of the Criminal Act and Article 366 of the Criminal Act, the choice of imprisonment for a crime

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

1. As to the crime of special assault against the victim with the reason for sentencing under Article 62(1) of the Criminal Act, the crime of this case was committed in four months after the suspended sentence was sentenced to one year of imprisonment with prison labor, and in addition, the crime of this case was committed in the same manner as the crime of this case is committed in a unfavorable condition or mistake, and it is recognized that no second offense will be committed again, and the victim will have recovered from the relationship with the victim after the crime and the victim does not want the punishment of the defendant