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A defendant shall be punished by imprisonment for not less than eight months.
Seized knife (No. 1) shall be confiscated.
Reasons
Punishment of the crime
【Criminal Power】 On January 7, 2016, the Defendant was sentenced to imprisonment for one year and six months in violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, Etc.) in the Daegu District Court Kimcheon-do branch on January 7, 2016, and was provisionally released on August 14, 2017 during the execution of the sentence at the Kimcheon Juvenile Reformatory and passed on November 24, 2017.
On September 12, 2018, the Defendant was sentenced to six months of imprisonment for special intimidation in the Daegu District Court Kimcheon Branch on September 12, 2018, and was sentenced to four months of imprisonment for special intimidation and imprisonment for confinement in the same support on November 29, 2018, and completed the execution of the final sentence in the port prison on July 11, 2019.
【Criminal Facts】 The Defendant is a person who resides in Kimcheon-si B apartment C.
At around 16:40 on October 18, 2019, the Defendant considered that the victim E (63 years of age) who had been located in the above apartment D, was behind the mail of the Defendant, and expressed the desire to “sprink”, and the Defendant sprinked the Defendant’s knife (21cm in total length, approximately 11cm in knife length) with the Defendant’s knife in knife, following the Defendant’s back.
Accordingly, the defendant carried dangerous objects and threatened the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E and F;
1. Investigation report (as to attachment of photographs of seized articles);
1. Records of seizure and the list of seizure;
1. Previous convictions in judgment: A investigation report (in relation to inquiry about the result of the search of prisoners, confirmation of the date of release), criminal records, and application of Acts and subordinate statutes;
1. Articles 284 and 283 (1) of the Criminal Act applicable to the crimes;
1. Article 35 of the Criminal Act among repeated crimes;
1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;
1. Scope of punishment by law: One month to seven years;
2. Aggravation of the punishment according to the sentencing guidelines (decision of types of intimidation). Intimidation [Type 4] Cumulative Crime, Special Intimidation (Special Intimidation) : In the area of aggravation of the punishment for identical repeated crimes [the area of recommendation and the scope of recommendations], six months through two years.
3. Determination of sentence;