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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 15, 2019, at around 02:15, the Defendant entered the room of the injured party when the injured party D (the 56-year-old-old-gu Seoul Special Metropolitan City BPublic Notice C, who had drinking together, entered the room of the injured party. The Defendant held a knife (the knife length of 19cm, the total length of 30cm) with a knife, which is an object dangerous in the west of the west of the above public notice center, and threatened the injured party who opened a visit to take a toilet, and called “the knife”.
Accordingly, the defendant carried dangerous objects and threatened the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes on police seizure records;
1. Relevant Article of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, the choice of imprisonment for a crime;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;
1. Scope of punishment by law: One to seven years of imprisonment;
2. The scope of the recommended sentence according to the sentencing guidelines [the decision of types] the crime of intimidation [the 4th category], repeated crimes, special intimidation [Special Convicts] - mitigated elements: In the area of reduction [the scope of the recommended area and the recommended punishment], the area of reduction [the scope of the recommendation area and the recommended punishment], 2 months to 1 years [the general person] - Indembling factors: Indembling material pride [the grounds for suspension of execution] - Indembling material pride (the reasons for suspension of execution of sentence] - Indembling general pride: contingent crimes
3. Determination of sentence: Six months of imprisonment and one year of suspended sentence;