A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

[Criminal Power] On August 11, 2015, the Defendant was sentenced to eight months of imprisonment with prison labor for an injury at the Seoul Southern District Court, and completed the execution of the sentence on April 11, 2016 in the Ansan Prison.

【Criminal Facts】

On November 6, 2018, at around 22:05, the Defendant, at the residence of Guro-gu Seoul Metropolitan Government, arrested the victim by taking dangerous things, stating that “The victim D (the age of 33) is a bad behavior, taking the kitchen 19cm in the kitchen which he was in the kitchen in the kitchen of the kitchen (the length of 19cm, the knife 12cm in length).”

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure, photographs of seized articles, site photographs, internal investigation reports (related to the use of deadly weapons by the suspect), and investigative reports (Listening to statements by the victim);

1. Previous records of judgment: Criminal records, inquiry reports by individuals, the current status of confinement by individuals, and the application of Acts and subordinate statutes to investigation reports;

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

1. In the determination of the confiscation of Article 35 of the Criminal Act among repeated offenders, the following: (a) one kitchen knife (No. 1) seized by the Defendant was confiscated by the Defendant.

Article 48 (1) of the Criminal Code provides that an article which does not belong to a person other than an offender or is acquired by a person other than an offender with the knowledge of the fact after the crime can be confiscated.

However, even after examining the record, there is no evidence to recognize that the above article is not owned by a person other than the defendant or acquired by a person other than the defendant with the knowledge of the fact after the crime.

Rather, the above owner of seized articles is written as C in the list of seizure (10 pages of evidence) and the waiver of ownership (13 pages of evidence records).

Ultimately, the above seized articles are not owned by a person other than an offender or they are acquired by a person other than an offender with the knowledge of the fact after the crime.