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. 2. 29. 10:50경 영주시 B에 있는 피고인의 형인 피해자 C(남, 55세)이 운영하는 D 현관문 앞에서, 피해자가 어머니 치료비를 주지 않았다는 이유로, 왼손에는 식칼(총 길이: 32cm , 날 길이: 19.5cm ), 오른손에는 쇠절구공이(총 길이: 22cm ), 상의 안주머니에 과도(총 길이: 32cm , 날 길이: 21cm )를 휴대하고 "야이 개새끼야, 니가 형이야 , 씨팔년들 칼로 다 찔러 죽인다, 개새끼들 다 죽인다."고 말하면서, 식칼로 배를 긋는 시늉을 하였다.

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

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Records of seizure and the list of seizure;

1. Each internal investigation report (No. 4, 6, 11), - Each photograph, - the application of law in Chapter 1 of CD

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. Social 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. Scope of the recommended punishment according to the sentencing guidelines [decision of types] for violent crimes [Type 4] for repeated crimes and special intimidation [Special Aggravationd Persons] for mitigation: The area of reduction of punishment [the area of recommendation and recommendation range], the area of reduction of punishment [the area of recommendation and recommendation range], and two months through one year;

3.In full view of the circumstances under which the sentence is rendered and the defendant's age, character and conduct, environment, means and result of the commission of the crime, circumstances after the commission of the crime, and various conditions of sentencing as shown in the arguments, the sentence shall be determined as ordered.

A favorable circumstances: The defendant appears to be aware of the crime and reflects, and the victim's condition unfavorable to the defendant who wants the defendant to receive the punishment: The dangerous weapons, such as knife, used by the defendant in committing the crime, are very dangerous objects that may lead to a more serious crime, and the defendant in 2015.