Text
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.
Reasons
Punishment of the crime
At around 12:30 on July 14, 2014, the Defendant cited five knife in both knife in the “C” restaurant B, “C,” while under the influence of alcohol at the restaurant restaurant B, and expressed the knife in the above restaurant, the Defendant threatened the victims D (nife, 63 years of age) who was reporting the Defendant at the above restaurant bed, “I am off to the first floor, I am am hife,” and expressed the knife that “I am hife to the first floor, I am hife,” and threatened the victims by carrying dangerous things.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E and D;
1. Application of Acts and subordinate statutes on seizure records and list of seizure;
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. Aggravation of concurrent crimes: 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 (see, e.g., Supreme Court Decision 2009Da15488, Apr. 21, 2009; Decision 2009Da11448, Apr. 2, 201; Decision 2009Da1148, Apr. 2, 2009)
1. Suspension of execution: Article 62 (1) of the Criminal Act ( repeatedly considering extenuating circumstances in discretionary mitigation);
1. Confiscation: Article 48 (1) 1 of the Criminal Act;