Text
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
On January 28, 2019, at around 00:15, the Defendant considered the victim C (the age of 23) in Yeongdeungpo-gu Seoul Metropolitan Government as “D convenience store” where the victim C (the age of 23) is working in Yeongdeungpo-gu, Seoul, as being drunk, that the victim is bad, and the Defendant viewed that the victim’s clock, which is an object dangerous to the victim (the total length of 22 cm, the day of 9 cm), was cut off, and that the Defendant “hicked off.”
Accordingly, the defendant threatened the victim by using dangerous things.
Summary of Evidence
1. Partial statement of the defendant;
1. The police statement of the defendant;
1. A written statement of C and E;
1. Records of seizure and the list of seizure;
1. The defendant alleged that his photograph [the defendant's carrying of an excessive form of connection only focuses on the mixed standard and did not threaten the victim. However, according to the evidence duly adopted and investigated by this court, criminal facts are sufficiently recognized according to the above evidence] is applicable to the law.
1. Relevant Article of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, the choice of imprisonment for a crime;
1. Article 62 (1) of the Criminal Act;
1. Probation under Article 62-2 of the Criminal Act;
1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;
1. The scope of recommendations according to the sentencing guidelines [decision of types] the basic area of recommendations [Article 4] that there is no repeated crime, special intimidation (special sponsing persons] (the scope of recommendations and recommendations], and April through January 16 months;
2. The crime of this case, which was determined to be sentenced, is deemed to have been threatened by carrying excessive property, which is a dangerous object without any particular reason, and the nature of the crime is not good in light of the background, risk, etc. of the crime.
The defendant has been punished three times by the crime of violence, including the suspension of the execution of imprisonment.
In addition, the defendant's age, character and conduct, motive, background, means and consequence of the crime, the circumstances after the crime, etc., and the sentencing conditions shown in the present case and the records shall be determined as ordered.