A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

At around 20:05 on September 12, 2014, the Defendant found the victim D(51) house located in Jeju City, along with E, the victim’s friendship and the Defendant’s high-speed line, and took the drinking at that place, the Defendant saw the transition (12 cm in the length of the knife) that is a dangerous object on the drinking, without any special reason, as the Defendant saw the victim as a knife, and made intimidation to the effect that “the knife shall be discarded.”

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Written statements of D;

1. The police seizure record and the list of seizure;

1. Application of statutes on site photographs;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (The following factors shall be repeatedly taken into consideration for the defendant during the period of suspended sentence);

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Where the reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendation] is minor in the area of mitigation (4 to 1 year), the area of mitigation (4 to 4 months and special intimidation) [the scope of corrected recommendation] [the scope of revised recommendation] is inconsistent with the lower limit of the applicable sentences (6 months) under the law, and thus, the lower limit of the applicable sentences under the law should prevail.

[Determination of Sentence] Six months of imprisonment, two years of probation, two years of probation, probation, and community service order Defendant was punished twice or more as a violation of the Punishment of Violences, etc. Act, and the Defendant committed the instant crime without any justifiable reason, and the victim still wishes to punish the Defendant, is considered an element of sentencing disadvantageous to the Defendant. The Defendant’s mistake is against the Defendant, the degree of intimidation is relatively minor, and each of the above suspended sentence has been executed 20 years prior to the above suspended sentence, etc. are considered the factors of sentencing favorable to the Defendant.