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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 became final and conclusive.
Reasons
Punishment of the crime
From December 2, 2013 to August 20, 2014, the Defendant livedd with the victim C (nive, 24 years of age).
1. Around February 2014, the Defendant: (a) under the influence of alcohol from Daejeon-dong, Daejeon-gu, Daejeon-gu D 405, expressed the victim’s complaint, and (b) threatened the victim’s body by threatening the victim’s return, on the ground that the victim’s complaint was “to throw away”; and (c) a dangerous object in the kitchen, which was in danger.
2. On August 24, 2014, at around 10:00, the Defendant proposed again to the victim on the Jung-gu E-Ba rooftop, Daejeon, Daejeon, but was refused from the victim, the Defendant: (a) followed the victim’s refusal to do so; (b) “I have attempted to die. I have died. I have died. I have died.”; and (c) threatened the victim with a knife, which is a deadly weapon prepared in advance, with the victim’s clothes, as they threatened.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the police protocol law to C
1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, and Article 283 (1) of the Criminal Act;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The reason for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence [Scope of recommending punishment] The group of violent crimes, intimidation (type 4), mitigation area, imprisonment with prison labor for six months or one year [Application of the standards for handling multiple offenses] from six months to one year [Pronouncement of sentence] imprisonment for 8 months, one fine relating to violence for two years from the suspended sentence], one time a fine relating to imprisonment with prison labor for 2 years, one time a fine relating to imprisonment with prison labor for 2 years from the suspended sentence, no contingent crime other than criminal punishment for two times, victim's non-existence of punishment, serious reflectrity, defendant's mental and health conditions appear as one of the causes for the crime, and the victim's relationship has been restored