A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Punishment of the crime

On August 27, 2009, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) at the Changwon District Court on August 27, 2009, and completed the execution of the sentence in the Changwon Prison on October 6, 2009.

피고인은 2012. 2. 6. 21:10경 창원시 마산회원구 C에 있는 피해자 D(여, 68세) 운영의 E에서, 그녀에게 술을 주문하였으나 그녀로부터 “계산을 하고 드세요.”라는 말을 듣자 화가 나 윗옷 주머니에서 미리 가지고 있던 위험한 물건인 휴대용 칼(전체 길이 약 19센티미터, 칼날 길이 약 9센티미터)를 꺼내 들고, 이에 겁을 먹은 그녀가 도망가는 모습을 보고 뒤 따라 가 손으로 그녀의 목을 조르고 위 휴대용 칼을 그녀의 목에 들이 대면서 "직이삔다. 조용히 해라."라고 말하였다.

Accordingly, the defendant threatened the victim D with a deadly weapon, and continuously assaulted him with a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Seizure records;

1. Each report on investigation;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records, investigation reports (a confirmation of the expiry date of the punishment immediately executed by the accused, and attachment of a certified copy of the judgment, and personal

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 283 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 260 (1) of the Criminal Act concerning the punishment of a deadly weapon;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The defendant's reason for sentencing under Article 48 (1) 1 of the Criminal Act is that the crime is not good such as threatening the victim, threatening him/her, and assaulting him/her without being aware of the fact that he/she is a repeated offender even though he/she is in the period of repeated crime.