A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2019. 9. 1. 03:33경 부산 사상구 B에 있는 피해자 C(25세)가 종업원으로 근무하고 있는 D 편의점에서, 가위(총 길이 17cm)를 구매한 후 피해자를 향해 가위를 들이밀며 “이것으로 사람을 죽일 수 있겠냐, 최근에 내 친구가 가위를 맞고 죽었는데 내가 가만히 있을 수 있겠냐.”라고 말하며 피해자를 찌를 듯이 위협하고, 계속하여 카운터에 놓여있던 커터칼을 손으로 집어 들고 “이것으로 사람을 죽일 수 있겠냐.”라고 말하며 칼심을 부러트리고 손에 칼을 쥔 상태로 피해자를 향해 겨누어 위협하였다.

Accordingly, the defendant carried dangerous objects and threatened the victim's body, as the victim could harm.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Records of seizure and the list of seizure;

1. Application of CCTV-cape Acts and subordinate statutes;

1. Article 284 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1) of the Criminal Act was that the defendant was placed in the place of probation due to a violation of the Punishment of Violences, etc. Act in 2014 and repeated acts of violence, such as being investigated after the defendant was sentenced to a suspended sentence of imprisonment (However, the defendant was subject to a suspended sentence of imprisonment with labor by agreement with the victim) or being suspended from indictment for the crime of interference with business after being sentenced to a suspended sentence of imprisonment, and that the victim was subject to considerable shock due to the criminal act in the judgment is disadvantageous to the defendant.

However, even though the defendant does not want the punishment of the defendant by agreement with the victim, the criminal act in the judgment of the defendant seems to be a serious threat to the actual physical life.