Defendant

A 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

Defendant

A은 2019. 4. 29. 03:46경 경남 거창군 C에 있는 D식당 주차장에서 E의 친구인 피해자 F(26세)이 피고인 A의 일행인 B에게 사과를 요구하면서 대들었다는 이유로 화가 나 “개새끼들 안되겠다.”라고 말하면서 위 D식당 주방으로 들어가 위험한 물건인 식칼 2개(칼날길이 23cm , 칼자루 12cm 및 칼날길이 26cm , 칼자루 13cm )를 양손에 쥐고 나와 피해자에게 “씨발새끼 죽인다. 내가 니 포떠줄게. 내가 죽인다.”등의 말을 하면서 양손에 쥔 칼을 수회 휘둘러 피해자를 찌를 듯이 위협하였다.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Application of the Acts and subordinate statutes of photograph of the criminal tool;

1. Articles 284 and 283 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

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

2. Scope of recommendation [decision of types] according to the sentencing criteria for violent crimes: [Type 4] repeated crimes, special intimidation (special mitigation] [the scope of recommendation and recommendation] mitigated area, and two months to one year; and

3. The crime of this case, which was determined to be sentenced, committed by Defendant A, while carrying two knifes, which are dangerous articles by Defendant A, is in danger of such crime, and the nature of such crime is not very good; Defendant was sentenced to imprisonment with prison labor for murder on October 6, 2004, etc. on a 12-year basis, and committed another crime of multiple violence immediately after the end of the last sentence (on March 19, 2016), despite the fact that Defendant committed another crime of multiple violence after the end of the repeated term, is disadvantageous to Defendant A.

However, the defendant A confessions the crime of this case and repents, and the victim does not want the punishment of the defendant A by agreement with the victim.