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 this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a disabled person of Grade III with a mental disability.

On July 2, 2019, at around 20:40, the Defendant threatened the victim with the “D” restaurant operated by the victim C (the 44-year-old) in Busan Metropolitan City, on the ground that the victim reported to the police the work attached to the other customers at the same place as the preceding day on the ground that the victim reported to the police, the Defendant threatened the victim with the food knife (29cm in total length, 17cm in knife length), which is a dangerous object, toward the body of the victim.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. With respect to report on internal investigation (as to attachment of seized goods to photographs):

1. 112 reported case handling table;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. The scope of recommending punishment according to the sentencing guidelines on the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommending punishment] / [the type 4] repeated crimes, special intimidation [the elements of mitigation] : In a case where punishment is not granted (including efforts made to recover damage), or considerable damage has been recovered (the area of recommending punishment and the scope of recommending punishment] / the area of mitigation of punishment, circumstances under the decision of two to one year sentenced to imprisonment, and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, etc. before and after the commission of the crime, the same sentence as the order shall be determined by comprehensively taking into account the following factors:

- the recognition and reflection of the offence, and the smooth agreement with the victims, that there may be a history of punishment for the offence committed against bad quality and violence.