A defendant shall be punished by imprisonment for not less than eight months and a fine not exceeding one hundred thousand won.

When the defendant does not pay the above fine.

Punishment of the crime

1. Around June 6, 2017, the Defendant: (a) under the influence of alcohol in front of the entrance of the first floor of multi-household housing in 15:30, Won-si; (b) without any justifiable reason, the Defendant expressed the victim D (11) “Ig, fin, dead, and discarded,” and threatened the victim of inserted articles, which are dangerous articles to the victim, once.

2. The Defendant violated the Punishment of Minor Offenses Act at around 17:10 on the same day. The Defendant, under the influence of alcohol, 302 suspenders, where the Victim E resides in, without any reason, on several occasions under the influence of alcohol, and conveyed to others without good cause under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements in D and E;

1. Relevant provisions of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act for the crime, and Article 3 (1) 20 of the Punishment of Minor Offenses Act for the Punishment of Minor Offenses (Optional to Penalty)

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 3 and 50 of the same Act, which increases concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The crime was committed with poor and highly dangerous character, such as breathizing and threatening the death of a young student, while under the influence of alcohol in sentencing under Article 62-2 of the Social Service Order Act. Since the mother of the victim expressed his/her intention not to punish the defendant, the execution of the sentence has been suspended for a certain period, but there is a high risk of recidivism due to the fact that there was a history of criminal punishment, including the crime with violent inclinations, several times, including punishment, and thus, the risk of recidivism is high. Therefore, protection observation and community service for the prevention of recidivism is also ordered.

In light of the aforementioned circumstances, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, sex, intelligence and environment, motive, means and consequence of the commission of the crime, and the circumstances after the crime.