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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around February 17, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) found in E Dissemination operated by the victim D (the age of 40) in Kimhae-si on the ground that he was assaulted by the victim D (the age of 40) prior to the discovery, and then damaged the victim’s telephone at a level equivalent to KRW 10,000,000, market price of the victim’s possession, and book glass equivalent to KRW 20,000,000,000,000.
Accordingly, the defendant carried dangerous objects and damaged the victim's property.
2. Around 02:30 on February 17, 2013, the Defendant found the said victim for the same reasons as indicated in paragraph (1). Around February 17, 2013, the Defendant displayed the victim with a deadly weapon ( approximately 30 centimeters in the knive length), which was a deadly weapon that was prepared in advance with the victim and put it in inside the inside in the front of the F building in the Kimhae-si, and threatened the victim “h, knife, knife his knife G, and hife his knife his knife.”
Accordingly, the defendant threatened the victim with a deadly weapon.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of police suspect regarding D;
1. Statement made to D by the police;
1. Records of seizure and the list of seizure;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 366 of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 283 (1) of the Criminal Act concerning the punishment of a deadly weapon;
2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
3. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing).
4. The crime of this case in the reason of sentencing under Article 48(1)1 of the Criminal Act is a dangerous act that damages the victim's property and further threatens the victim with a knife using a knife, a dangerous article.