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A defendant shall be punished by imprisonment with prison labor for up to six months.
except that 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
The Defendant came to know with the victim B (the age of 20, the female) at least two years prior to the end of October, 2014, and was living together with the victim B.
피고인은 2015. 5. 1. 오전 시간불상 경부터 울산 남구 C원룸 204호에서 혼자 술을 마시며 신세타령을 하다가, 술김에 스타킹으로 목을 매는 시늉을 하였으나 위 피해자가 이를 말리자, 계속해서 술을 마시다가 잠이 들었다.
In addition, the Defendant, at around 19:20 on the same day, was under drinking alcohol continuously and continuously, and on the ground that the victim was a hacker to the Defendant, the Defendant: (a) taken a knife knife, which was a deadly weapon on the hacked floor; (b) taken a knife to the victim; and (c) threatened the victim by carrying a deadly weapon, such as saving the knife into the knife and tearing the knife in the hacks in which the victim suffered; and (d) threatened the victim with a deadly weapon
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. Each protocol of seizure and the list of seizure;
1. Application of each statute on photographs;
1. Articles 3 (1) and 2 (1) 1 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes, and Article 283 (1) of the Criminal Act (the point of intimidation by carrying a deadly weapon);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The sentence shall be determined as per the order, comprehensively taking into account the factors indicated in the record, such as the following: (a) the mitigated area of sentence [4-1 years] [special mitigation] [4-1 years] and the mitigated area of sentence [4-1 years] and the threatened victim with lethal weapons]; (b) the recognition of mistake and reflects it; (c) the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents in 2010 and the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents; (d) the fact that there is no other criminal history other than the sentenced to a fine of KRW 1 million; (e) the fact that a person was sentenced to a fine of KRW 7 million due to an unlicensed driving in 201; and (e) the fact that the victim