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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 becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a public bus driver B and the victim C (the age of 52) is a public official who works in the D sub-Eup office in the Newanan Military Office.
At around 15:00 on March 18, 2015, the Defendant threatened the victim for about 20 minutes, such as the following: (a) the victim took the kitchen (32cm in total length, 20cm in knife length, 20cm in knife length) in his hand, which is a dangerous thing, in which the victim gets away from the victim; and (b) the victim “the dead, the dead, and the dead.”
Accordingly, the defendant, carrying dangerous articles, threatened the victim, and at the same time interfered with legitimate execution of duties concerning general administrative affairs of public officials of the D Office.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of C;
1. The police seizure record and the list of seizure;
1. Evidence and photographs;
1. Application of the Acts and subordinate statutes governing mobile phone images CDs;
1. Articles 3(1) and 2(1)1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 283(1) of the Criminal Act (a) and Articles 144(1) and 136(1) of the Criminal Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);
1. Article 62 (1) of the Criminal Act (Consideration of sentencing)
1. Probation under Article 62-2 of the Criminal Act;
1. A case where it is difficult to apply the sentencing criteria as it is an ordinary concurrent crime for sentencing in Article 48(1)1 of the Criminal Code.
The sentence shall be mitigated by taking into account the fact that the defendant's mistake is recognized and against the defendant, the victim does not want the punishment of the defendant, the fact that the defendant has no record of criminal punishment exceeding the fine, the defendant's age, character and conduct, family relationship, etc., and the execution of the sentence shall be suspended on condition of probation.