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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 of the final judgment.
Reasons
Punishment of the crime
At around 03:00 on June 5, 2014, the Defendant tried to drink after drinking alcohol at the main point of the trade "D" located in Jongno-gu Seoul Jongno-gu Seoul Metropolitan Government, and was in the vehicle of the Defendant parked on the street, and the Defendant’s passenger car parked on the road of the main employee E, sent a bath on the ground that E was bad, and took the hand-on one time at the hand-time, and observed the above E’s scam with the hand-on, and kept the horses from the victim F, who is the above main customer, “I will die,” and the Defendant continued to keep the knick, which is a deadly weapon in custody of the said vehicle, and maintained the victim’s arm’s length (18cm in length).
As such, the Defendant committed violence against the victim by carrying a deadly weapon.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused;
1. Statement of police statement concerning E and F;
1. Application of Acts and subordinate statutes on police seizure records;
1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning a crime, Article 260 (1) of the Criminal Act;
1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Jan. 1, 2006)
1. Article 62 (1) of the Criminal Act (Concurrent Consideration for the foregoing reasons);
1. Social service order under Article 62-2 of the Criminal Act;
1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation;