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A defendant shall be punished by imprisonment for six 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 September 24, 2015, at around 22:35, the Defendant 22:35, called “C Scki” located in Jung-gu Seoul Metropolitan Government, and the Defendant 1 knife the victim D (55 years old) who was the owner of the said Schlage due to tobacco credit rating problem, and she gets back to the Defendant’s house located in the same Gu E, and she saw the knife (30cm in total length, about 18.5cm in length) that was in the main room of the Defendant’s house located in the same Gu E, and again she saw the victim, who was inside the said knife of the knife, and said knife the death.
Accordingly, the defendant carried a dangerous knife and threatened the victim.
Summary of Evidence
1. A protocol of seizure and a list of seizure;
1. Investigation report (to hear statements from a victim by telephone);
1. Application of Acts and subordinate statutes to report on investigation (related to listening to the statement in the Flater F phone);
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 48(1)1 of the Criminal Act;
1. Scope of applicable sentences under law: Imprisonment with labor for one month to seven years;
2. Where the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] is reduced (4 months to 1 year), reduced area (4 months to 1 year), the punishment is not (including serious efforts to recover damage), or considerable damage is recovered.
3. The fact that the defendant did not comply with the summons of the court of the decision of sentencing and escaped, and that the nature of the crime is not good in terms of risk of action is disadvantageous.
On the other hand, the fact that the victim does not want the punishment of the defendant, and that there is no record of punishment exceeding the fine is favorable.
In light of the above circumstances, the sentencing conditions, such as character, conduct and environment, etc. of the defendant, the punishment as ordered shall be determined.