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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
From February 2, 2011, the Defendant frequently found the victim E (n.e., 43 years of age), a coponer (a person who occupies a certain part at the drinking house and performs funeral) with the passage of D located on the second floor of the building located in Busan Dong-gu, Busan. The Defendant’s wife complained of the Defendant’s wife on the ground that the Defendant’s wife suspected of threatening between the Defendant and the victim and threatened the victim by telephone, etc., and the Defendant was able to assault the victim with a knife (10cc in knife length) which was purchased in advance for the purpose of cancelling the said complaint.
At around 04:25 on May 17, 2012, the Defendant: (a) carried a knife on the right bridge of the Defendant on the right bridge; (b) sought the victim; (c) and (d) did not comply with the complaint, and thereby, (d) threatened the victim with the intention to cancel the complaint against the Defendant’s wife by “I am hicker, I am hicker, I am hicker, I am hicker.”
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement to F and E;
1. Prosecution investigation reports (report on the binding of copies of records);
1. Police seizure records;
1. On-site inspections and reports, etc.;
1. Application of the Acts and subordinate statutes to a copy of the complaint (investigative Record No. 91 page);
1. Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 283 (1) of the Criminal Act (the point of intimidation for the purpose of cancelling a complaint at the time of sale), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act (the point of intimidation carried with a deadly weapon at the time of sale);
1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the quality of the crime);
1. Suspension of execution under Article 62(1) of the Criminal Act (Consideration of favorable circumstances required for “the grounds for a prison sentence” below);
1. Probation under Article 62-2 of the Criminal Act;
1. Confiscation.