A defendant shall be punished by imprisonment with prison labor for not more than ten 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.

Punishment of the crime

From October 2013, the Defendant received delegation from some construction companies exercising the right of retention in the Namyang-si, Namyang-si, and performed the guard duty of the said building.

On October 19, 2017, at E convenience stores located in Namyang-si, Namyang-si, around 12:10 on October 19, 2017, the Defendant demands the victim F (51 tax) who is the representative of lien holder to pay back the station cost for the smuggling, and the dispute is punished.

”라고 말하며, 의자에 앉아 있던 위 피해자의 오른쪽 무릎 부위를 찌르는 시늉을 하였다.

Accordingly, the defendant carried a knife, which is a dangerous thing, and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against the F;

1. Application of CCTV image CD-related Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to attend lectures or orders to provide community service;

1. Punishment by law: Imprisonment with prison labor for not more than seven years;

2. Application of the sentencing criteria [the scope of the recommended punishment] the scope of mitigation (four months to one year) (special intimidation) (a person subject to special mitigation) is not subject to punishment;

3. Determination of sentence: Ten months of imprisonment, and two years of suspended sentence, the Defendant committed the instant crime again even though he/she had been punished for violent crimes.

At the time of crime, the defendant teared the victim's will, and the victim seems to have stimuled a large fear.

However, considering the favorable circumstances in which the defendant agreed with the victim, the sentence of suspension of the execution of imprisonment with prison labor is imposed on the condition that the defendant's age, sex behavior, environment, background of the crime, circumstances after the crime, and other sentencing conditions specified in arguments are all taken into account.