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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
(e).
Reasons
Criminal facts
On December 3, 2017, the Defendant: (a) breadddd the Defendant’s knife D (n, 48 years of age) and bread the Defendant’s knife, who is the Defendant’s her mother in the package run by the Defendant’s mother near Mapo-gu Park on December 19:50; (b) b) and the Defendant’s knife (15cm in length on the knife, 22cm in total length); and (c) said, “to die.”
Accordingly, the defendant carried dangerous objects and threatened the victim.
Summary of Evidence
1. Each legal statement of witness D and E;
1. The defendant's knife photograph photograph (in light of the evidence adopted and examined by this court, including the above evidence, it can be acknowledged that the defendant's criminal facts are the same as the defendant's criminal facts) that the victim threatened the victim.
Application of Statutes
1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Articles 284 and 283 (1) of the Criminal Act;
1. Suspension of execution: Reasons for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of punishment by law: Imprisonment for not more than seven years;
2. Application of the sentencing criteria [the types of decisions] 4 types of intimidation (special intimidation) (person subject to special sentencing) - the mitigated elements of punishment (the area of recommendation and the scope of recommended punishment) - the mitigated areas of punishment, the mitigated areas of imprisonment with prison labor from April to one year.
3. Determination of sentence: The portion of dismissing the prosecution that has no record of punishment for the last ten years, such as imprisonment with prison labor for six months and one year of suspended sentence (unfavorable circumstances) that the degree of intimidation is not minor, majority of the punishment records (a favorable circumstance) is not a victim's punishment, pleasure of health status, and pleasure of punishment;
1. On December 3, 2017, the Defendant, in this part of the facts charged, was under the influence of alcohol in the packaging horse run by the Defendant’s mother near Mapo-gu Park on December 19:50, when the face of the victim D (V, 48 years old) or the victim D (V, 48 years old) who is the Defendant’s mother, was under the influence of alcohol, and drinking.
Accordingly, the defendant assaulted the victim.
2. The determination may not be charged against the express intent of the victim under Article 260(3) of the Criminal Code as an offense falling under Article 260(1) of the Criminal Code.
In this regard, the victims bound to the trial records.