A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

The defendant is a relationship with the victim B (n, 32 years of age) who lives together.

피고인은 2014. 12. 28. 08:30경 울산 남구 C 소재 피해자의 주거지에서, 피해자와 함께 술을 마시며 대화하던 중 피해자가 자신을 무시하였다는 이유로 화가 나 손으로 피해자의 목을 조르고 주먹으로 얼굴 부위를 수회 때린 다음 주방에 있던 위험한 물건인 브레드 나이프(일명 톱니빵칼, 칼날길이 20cm, 손잡이 10cm)를 집어 들고 피해자를 향해 찌를 듯이 시늉하며 “야 씹할 년아, 죽여 버린다“라고 말하는 등 피해자의 생명 또는 신체의 어떠한 위해를 가할 듯한 태도를 보였다.

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

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Police seizure records;

1. Application of the Acts and subordinate statutes to victim photographs, criminal tools photographs, and field photographs;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning a crime, Article 283 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] In the case where the mitigated area (including persons who have been subject to special mitigation), the mitigated area (including serious efforts to recover from damage) (4-1) or considerable damage is not the method of the crime (decision of sentence], but the defendant is against himself/herself at the time of committing the crime; the defendant has no record of the same criminal punishment; the victim does not want the punishment against him/her; the defendant's age, character and conduct, environment, motive, means and consequence of the crime; the victim's relationship with the victim; and other various conditions of sentencing, such as the victim's age, character and behavior; the execution of the punishment shall be suspended; the community service order shall be ordered.