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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Since about two years ago, the Defendant borrowed 40 million won to the victim D (the age of 50) who was a branch of the Defendant, and was urged to repay the debt continuously, the Defendant was not in contact with the victim on February 2015, and the Defendant was in contact with the victim through the wife of the victim on February 21, 2015, and was in contact with the victim on February 21, 2015.
On February 21, 2015, around 19:45, the Defendant: (a) placed food knife (30cm in total, 20cm in length) (hereinafter “G knife”), which is a dangerous object that was prepared in advance, in the “G knife” nearby the F Hospital located in Jung-gu, Busan; and (b) heard that the victim “the same knife” is “the same dead person; and (c) heard that the victim would be unable to pay the borrowed money” on the roads adjacent to the above “G knife”; (d) taken the knife, taken the knife, knife the victim’s knife while taking the knife, which is a dangerous object, by carrying the victim’s knife, and threatened the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement concerning D;
1. Records of seizure and the list of seizure;
1. Application of the photographic Acts and subordinate statutes;
1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 283 (1) of the Criminal Act;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., reflectability, the circumstances leading to the instant crime, the details leading to the instant crime, and the smoothly agreed with the victim);
1. Article 62 (1) of the Criminal Act on the suspended execution.
1. Article 48 (1) 1 of the Criminal Act to be confiscated;