A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant of "2019 Gohap305" is between the victim B (31 years of age) and the victim.

On August 20, 2019, the Defendant, at around 02:05, 02:05, she was under the influence of alcohol in the front corridor of the victim’s house in Seoul Special Metropolitan City, Nowon-gu, and D, and the Defendant was under the influence of alcohol, and the Defendant threatened the victim, who opened the entrance door and expressed the victim’s desire to be “to be dead, to be dead, to be satch, and to be satched,” and was in danger of being previously carried out in the house, she was under the influence of the victim’s house (20 cm a day, total length of 33 cm).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A criminal investigation report (Handphone shootings submitted by the injured party), images taken by hand-phones of the injured party, and CDs;

1. Application of Acts and subordinate statutes to records of seizure, list of seizure and photographs of seized articles;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for one month to seven years;

2. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] (the type 4] violent crimes, repeated crimes, special intimidation (Special Intimidation): In cases where punishment is not granted (including serious efforts to recover damage), or considerable damage has been recovered (the scope of the recommended punishment and the recommended punishment], the area of mitigation of imprisonment with prison labor for two months through one year;

3. The Defendant, who has been sentenced to punishment by an act of violence several times, has been under the influence of alcohol, threatened the victim by using the kitchen knife, and the nature of the crime is considerably poor in light of the methods and contents of the crime.

However, the fact that the defendant is recognized and against the crime, the fact that the defendant does not lead to other crimes except the crime of special intimidation, and the victim does not want the punishment of the defendant by mutual consent with the victim.