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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 29, 2017, at around 05:15, the Defendant demanded the victim C (here, 46 years of age) who is the owner of an entertainment shop located in Bupyeong-gu, Incheon, to provide a service for one hour a singing room, but did not come up, the Defendant used a knife (30cm in total length, 21cm in length on the day) which is an object dangerous in the kitchen at the place where the victim did not come up, and then pushed the victim of the knife with “the victim who was in the knife, shall flick, flick, and flife flife flife flife flife flife flife flif.”
Accordingly, the suspect carried dangerous objects and threatened the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. A protocol of seizure and a list of seizure;
1. Application of the Acts and subordinate statutes concerning seized articles photographs and field photographs;
1. Relevant Article 284 of the Criminal Act, Articles 283 (1) and 283 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;
1. Sentencing Criteria: No one shall be punished in the mitigated area (four months to one year) of four types of intimidation (Habitual, repeated, and special intimidation) (4 months to one year);
2. In light of the method, mode, risk, etc. of the instant crime, the nature of the crime is serious, and the Defendant was punished for the crime of violence.
Therefore, the defendant is sentenced to imprisonment.
However, in consideration of the fact that the defendant recognized the crime, the fact that the victim has agreed to pay the agreed amount, the defendant's age, sex, environment, means and results, and the circumstances before and after the crime, the punishment as ordered shall be determined in the same manner as the order.