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

On August 29, 2019, at around 14:40 on August 14:40, 2019, the Defendant used the kitchen knife (30cm in total length, 16cm in length) which is a dangerous object from the upper floor to the noise generated from the upper floor of the Defendant’s house, and displayed the kitchen knife to the victim through the corridor side window in which the victim’s house is opened and the house is opened, and said, the Defendant read, “hick, open, lick, lick, and lick.”

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim;

1. Application of Acts and subordinate statutes to records of seizure, list of seizure and photographs of seized articles;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

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

1. Probation under Article 62-2 of the Criminal Act;

1. The crime of this case, for the reason of sentencing under Article 48(1)1 of the Criminal Act, is likely to threaten neighbors by searching for neighbors on the ground of inter-floor noise, and the crime of this case is likely to be bad and highly dangerous, and the defendant had the record of having been subjected to suspension of indictment by threatening his spouse in a knife, even prior to the instant case, by threatening his spouse, the responsibility of the defendant is heavy.

However, the fact that the defendant recognized the crime of this case, the victim does not want criminal punishment against the defendant, and the mental disorder of the defendant seems to have affected the crime of this case is favorable to the defendant.

In addition to the above circumstances, the Defendant’s age, occupation, character and conduct, environment, family relationship, motive, background, means and consequence of the instant crime, and all of the sentencing factors shown in the records and arguments, including the circumstances after the commission of the crime, shall be determined as ordered.