Text
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
Criminal facts
At around 18:50 on April 9, 2015, the Defendant, at C’s residence located in Sast City B, threatened the victim with a telephone where the victim D (the age of 42) was not good for the reason that he was living together with E, and had a dispute with the victim, who used the knife (the knife length of 20cm) and used the knife at the victim’s residence, and threatened the victim with the knife on the knife part of the knife at the victim’s clothes.
Summary of Evidence
1. Defendant's legal statement;
1. Statement by the police about D (including the C’s statement part);
1. On-site photographs;
1. Application of Acts and subordinate statutes to report on investigation;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act;
1. A victim who is not subject to the punishment in the area of mitigation (four months to one year) (special mitigation) of sentence (four months to one year) according to the sentencing guidelines, the range of recommending punishment [the scope of recommending punishment] according to the sentencing guidelines;
2. Determination of sentence - Determination of unfavorable circumstances: very high risk using a knife which is a lethal weapon;
(k) favorable circumstances: The fact that the victim had been threatened with intimidation and that the victim has reached an agreement smoothly with him/her, and that he/she is against it;
- Other conditions of sentencing under Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime, are taken into account, and the community service order is added with reflective and sexual reflection.