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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who resides in the head of Busan Northern-gu apartment B apartment C.
On June 9, 2020, the Defendant, around 22:30 on June 22, 2020, tried to take a bath to the victim on the ground that he leaves the first floor of the apartment building D ( South, 56 years old).
피고 인은 위 아파트 E 동 7 층 엘리베이터 앞 복도에서 피고인이 욕설한 것에 대하여 따지기 위해 올라온 피해자를 만 나, 미리 준비하여 등 뒤에 들고 있던 위험한 물건인 빈 소주병으로 피해자를 때리는 시늉을 하며 “ 이 씨 발 놈 죽어 볼래
“The victim threatened” and the victim.
Accordingly, the defendant carried dangerous objects and threatened the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Investigation report on the D’s written statement (The application of statutes on the video recording ofCCTV);
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of punishment by law: Imprisonment with labor for one month to seven years;
2. The scope of the recommended punishment according to the sentencing guidelines [type 4] violent crimes [type 4] There is no repeated crime or special intimidation (special sentencing person] (the territory of recommendation and the scope of punishment], the basic area of the recommendation, April of imprisonment, and January and June of the same year.
3. It shall be so decided as per Disposition in full view of the following: (a) there is no history of criminal punishment exceeding a fine imposed on the sentence; (b) there is against his/her mistake; and (c) the motive and background of the crime;