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A defendant shall be punished by imprisonment for one year.
Two excessive blades seized (No. 1) shall be confiscated.
Reasons
Punishment of the crime
1. The Defendant of criminal records was sentenced by the Jeju District Court on December 27, 2013 to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act and two years of suspended execution in August, 2014, and the judgment becomes final and conclusive on January 4, 2014, and is currently in the period of suspended execution.
2. 범죄사실 피고인은 2014. 11. 27. 21:05경 제주시 C에 있는 ‘D식당’ 앞에서, 별다른 이유없이 한손에는 위험한 물건인 과도(총길이 19.5cm, 칼날길이 9.5cm)를 쥐고, 다른 손에는 칼집이 씌워져있는 같은 종류의 위험한 물건인 과도를 쥔 상태로 그곳에 서 있던 피해자 E(38세) 등 일행 10여명을 향해 양 칼을 휘두르며 약 1m 앞까지 다가가면서 “다 죽여버린다, 한명만 걸려라.”라고 소리치고, 계속하여 도망하는 일행들을 따라가면서 “이리 와봐, 죽여버린다. 한명만 와봐.”라고 소리치며 양 칼을 휘두르는 등으로 피해자를 협박하였다.
Summary of Evidence
1. Statement of the accused in the first protocol of trial;
1. The police statement of E and F;
1. A written statement of the G production;
1. Application of Acts and subordinate statutes on seizure records;
1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 283 (1) of the Criminal Act;
1. Determination on the assertion by the defendant and his/her defense counsel under Article 48(1)1 of the Criminal Act
1. At the time of the instant crime, the mental illness was in a state of mental disability.
2. According to the records, it is recognized that the Defendant received medical treatment at a hospital due to an unexploded mental fission in around 2009, but in light of the background of the instant crime, the means and method of the crime, the Defendant’s act before and after the instant crime, etc., it cannot be deemed that the Defendant had a weak ability to discern things or make decisions at the time of the instant crime.
The defendant and defense counsel's above assertion are not accepted.
The reasons for sentencing are the recommended range of sentence and violent crime group in the sentencing guidelines.