A defendant shall be punished by imprisonment for one year.

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 2014. 12. 23. 17:04경 울산 중구 C에 있는 피해자 D(47세) 운영의 ‘E’ 음식점에서 일행들과 술을 마시고 난 후 피해자에게 다가가 아무런 이유 없이 욕설을 하며 주먹을 쥔 채 피해자에게 “아구통 5대 맞을래 ”라고 말을 하고, 소지하고 있던 지팡이를 들어 피해자를 때릴 듯이 위협을 한 다음 계속하여 상의 안주머니에서 위험한 물건인 식칼(칼날 길이 21cm, 전체 길이 33cm)을 꺼내어 들고 피해자에게 “이거로 찌르면 어떻게 할래, 확 찔러 볼까 ”라고 말하며 위 식칼을 피해자의 몸을 향해 들이대어 피해자를 협박하였다.

Summary of Evidence

1. Statement made to D by the police;

1. Investigation report (reports on recording and recording of statements made by the victim), investigation report (reports on the existence of suspicion of the suspect);

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to photographs of seized articles;

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

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

1. For the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, the crime of this case was committed by carrying a knife and threatening the victim, and there is no possibility that serious result may occur. The defendant denies the crime of this case under the influence of alcohol, denies the crime of this case, does not reach an agreement with the victim, and does not appear on the date of sentencing, and thus, is disadvantageous to the defendant.

However, the above punishment shall be determined by taking into account the circumstances favorable to the defendant, such as the fact that the defendant had no record of crime since 2006 and has no record of crime heavier than the suspension of execution, and that the defendant's health appears to be inappropriate, and other various sentencing conditions that are shown in the records, such as the defendant's age, character and conduct, environment and circumstances after the crime