A defendant shall be punished by imprisonment for four months.

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

Criminal facts

On February 17, 2019, at the “C” restaurant located in Gwangjin-gu Seoul Special Metropolitan City on February 17, 2019, the Defendant used excessive (12 cm length) for the victim D(50 years of age) as a dangerous object on the ground that the victim did not repay the money borrowed to himself/herself, and used the victim’s knife part of the excessive knife with the victim’s knife, the victim’s knife at hand, and the part of excessive knife.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Excessive photographs;

1. Application of Acts and subordinate statutes to investigation reports (Jaeman E and monetary case);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 261 and 260 (1) of the Criminal Act which choose a penalty;

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. Scope of recommendation [decision of types] according to the sentencing guidelines, group of violent crimes, violence crimes, and class 6 (Special Violence): Reduction element: Non-exclusive area of punishment [Scope of recommendation] mitigated area: Imprisonment with prison labor for a period of February to February;

2. Determination of sentence [Incompetence] The fact that the liability for the crime was not easy in light of the motive of the crime used by the defendant and the risk of the contents of the crime, and the fact that the crime was repeated despite the fact that there was a record of criminal punishment several times due to violent crimes, etc. during that period (e.g., reasonable circumstances] The fact that it appears to result in the crime of this case in harmony or by contingently on the ground that the victim did not have paid the money among the victims because he did not have paid the money among the victims, it appears that the victim did not want the punishment against the defendant by mutual consent with the victim. Furthermore, the above circumstances are considered as follows: the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and all the circumstances after the crime, etc., and the circumstances