Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
At around 16:15 on February 16, 2019, the Defendant: (a) heard the horses from the victim D (the age of 60) who is a customer by smoking tobacco at the “C” restaurant located in G, Mapopo City B; and (b) heard the horses, “tobacco outside the tobacco,” and told the victim “I will die in a knife, knife, knife, knife, knife, and knife knife knife.” (the total length of 30cm, knife length of 20cm) and knife the victim with a knife knife.
Accordingly, the defendant carried dangerous objects and threatened the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement of E;
1. Written statements of D;
1. Police seizure records;
1. Application of Acts and subordinate statutes to a report on investigation (victim's DNA telephone call);
1. Relevant Articles of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the punishment, and reasons for sentencing;
1. Scope of punishment by law: One to seven years of imprisonment;
2. Scope of the recommended punishment according to the sentencing guidelines [decision of types] for violent crimes [Type 4] for repeated crimes and special intimidation [Special Intimidation] for mitigation elements: The area of mitigation of punishment [including serious efforts for recovery of damage] [the area of recommendation and recommendation range], the area of mitigation of punishment [the area of recommendation and recommendation range], and two months through one year;
3. Determination of sentence: The Defendant, on March 21, 2018, was sentenced to a suspended sentence of two years for the commission of bodily injury at the Gwangju District Court on August 21, 2018; on the 29th of the same month, the judgment became final and conclusive and is still in the period of suspended sentence; however, the Defendant committed the instant crime in which the Defendant carried a knife that is a dangerous object and threatened the victim on the ground that the knife is bad and
Even if the defendant reflects the crime of this case and repents, and considering favorable circumstances such as the submission of a written agreement with the victim after the closing of argument, the crime of this case committed by carrying a knife as well as the recidivism during the same period of suspension of execution are considered, it shall be limited to the punishment corresponding to the crime of this case.