Text
A defendant shall be punished by imprisonment for not less than eight 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.
Reasons
Punishment of the crime
On August 18, 2020, the Defendant 00:21 around 00:21, in the “C” restaurant operated by the Defendant in Sungnam-si, Sungnam-si, the Defendant, drinking alcohol together with the victim D ( South and the age of 33). On August 18, 202, the Defendant sent the victim a 2 knife knife (20 cm in length of each knife) which was a dangerous article in the above restaurant kitchen, and brought the victim out of the restaurant.
Defendant 1 does not take part of the food knife knife in front of the above restaurant to the victim.
Although knife the part of the knife and the part of the knife were found, the knife was applied to the victim, and immediately deducted the knife.
Defendant continues to enjoy “(k) knife one knife”
The victim sought to threaten the victim with the remaining knife in the knife of the State money, but was searched by the Defendant’s knife and knife the knife.
In this respect, the defendant carried dangerous objects and attempted to threaten the victim, but did not bring about an attempted crime.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. Protocols of seizure, field photographing photographs, articles seized, and photographs thereof;
1. Application of Acts and subordinate statutes to a report on investigation (as to the statements of on-site CCTV images and witnesses);
1. Relevant legal provisions of the Criminal Act and Articles 286, 284, and 283 (1) of the Criminal Act, the choice of imprisonment for a crime, and the choice of punishment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The Defendant, on the grounds of sentencing under Article 48(1)1 of the Criminal Act, threatened the victim by carrying a knife, which is a dangerous article, but failed to commit the crime.
Considering the fact that there is a little degree of risk caused by the defendant's portable knife, the fact that there are many kinds of records punished for violent crimes, the fact that the defendant shows an attitude against the defendant, the fact that the defendant attempted to commit the crime, and the fact that the defendant was not punished for violent crimes since 2012, each consideration is made in favor of each other.
(b) other.