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A defendant shall be punished by imprisonment for not more than ten 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
1. Special intimidation Defendant: (a) on May 31, 2017, at around 19:10, the victim E (52) who is a customer of the restaurant while drinking alcohol at the D restaurant located in Jeju on May 31, 2017.
Along with the word ", ........", the word was knife with a knife and tried to threaten the victim.
The defendant 19:30 on the same day knife knife knife (80cm in total, 18cm in knife) which is a dangerous object, and knife knife knife knife knife knife knife knife with left hand, and knife knife knife knife knife knife knife.
whether or not.
“.........................
Accordingly, the defendant carried a dangerous knife knife and threatened the victim.
2. Any foreigner violating the Immigration Control Act may sojourn in the Republic of Korea within the limits of his/her sojourn status and sojourn period.
Nevertheless, the Defendant entered the Republic of Korea with the competent visa (B-2-2) status on November 12, 201, and did not depart from the Republic of Korea until November 15, 201, the expiration date of the period of stay, and stayed beyond the period of stay from November 16, 201 to May 31, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to E and F;
1. Seizure records;
1. Relevant photographs;
1. Application of Acts and subordinate statutes on the accusation of any immigration offender and individual immigration status;
1. Relevant legal provisions concerning criminal facts, Articles 284, 283(1) (a) of the Criminal Act regarding the choice of punishment, Articles 94 Subparag. 7 and 17(1) (a) of the Immigration Control Act (the fact that a person stays in excess of the scope of his/her status of sojourn or period of sojourn) of the Immigration Control Act, and the choice of imprisonment [ taken into account the fact that the period of illegal stay in the Republic of Korea is longer, and that the nature of the crime is bad in that he/she threatened another person using dangerous articles, etc.);
1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of the long-term punishments for two crimes);
1. Article 62(1) of the Criminal Act (six years)