A defendant shall be punished by imprisonment for seven months.

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

Punishment of the crime

The defendant is a de facto marriage relationship in which the defendant lives together with the victim B (n, 38 years of age) and about nine years of age.

피고인은 2020. 6. 26. 14:50 경 파주시 C 소재 D 요양원 사무실에서 피해자의 모친이 피고 인의 요양원 근무를 반대한다는 이유로 미리 준비한 위험한 물건인 도끼( 칼날 길이 5cm, 손잡이 길이 22cm )를 들고 피해자에게 “ 빨리 나와 ”라고 소리를 지르고 그곳에 있는 컴퓨터 모니터와 화분을 깰 듯이 위 도끼를 휘둘러 피해자의 생명ㆍ신체에 어떠한 위해를 가할 듯한 태도로 협박하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Seizure records;

1. Application of the CD-related Acts and subordinate statutes to cover photographs and video files records;

1. Relevant Article 284 of the Criminal Act, Articles 283 (1) and 283 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act, despite the fact that the Defendant had been punished by a fine as a crime of using violence against the victim, the crime of this case committed by threatening the victim, is not weak.

However, the above punishment shall be determined by taking into account the fact that the defendant's mistake is recognized, that there is no record of punishment other than once the above punishment, that does not proceed to the time of direct violence against the victim, and that the victim does not want the punishment.