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

On December 8, 2014, at around 18:05, the Defendant threatened the victim C (60 years of age) who was the owner of the Defendant’s residence located in Chungcheongnam-gun Hong-gun, Hongsung-gun, with a view to changing the boiler oil value and demanding the victim to suffer the loss, the Defendant abused the victim by putting him a food (17cm in the blade length) which was a deadly weapon (17cm in the knife length) on his hand, and by stating that “this Chewing shot, dead, and discarded.”

Accordingly, the defendant threatened the victim using a knife, which is a deadly weapon.

Summary of Evidence

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on seizure records;

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 (including the fact that the injured party was the wife of the accused, the accused has no criminal records for the same kind of offense, and the accused has committed a somewhat contingent crime under the influence of alcohol);

1. Determination of the type of punishment [the scope of punishment by law] under Article 48 (1) 1 of the Confiscation Criminal Act: Imprisonment with prison labor for not less than one month but not more than seven years (the application of sentencing guidelines]: violent crimes, intimidation crimes, Type 4 (Special Intimidation): The area of recommendation and the scope of recommendation: Imprisonment with prison labor for not less than four months and not more than one year (decision of sentence) and suspension of execution for not less than two years;