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

Punishment of the crime

[Criminal Power] On August 22, 2017, the Defendant was sentenced to ten months of imprisonment with prison labor for special intimidation, etc. in the Changwon District Court's Busan District Court branch on February 7, 2018 and completed the execution of the sentence.

【Criminal Facts】

The defendant is a person who has been sleeped in the Busan Station that is located in the city of the Dong-gu in Busan.

The Defendant: (a) around 04:00 on May 17, 2019, at the above place; (b) on the ground that the victim B (the aged 36) who is another elderly was aware of the Defendant’s satisfying the Defendant’s satisfying and drinking, the Defendant told the Defendant that the Defendant “satisfying the Defendant’s satfy” means: (c) by gathering and destroying a satisfy in the floor; and (d) by cutting the satisfy, which is a dangerous object

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement No. B

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

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Extent of the recommended punishment according to the sentencing guidelines (decision of types) [Type 4] repeated crimes and special intimidation (specially imprisoned persons] mitigated factors: In the area of mitigation [the area of recommendation and the scope of recommendation] mitigated, and two months through one year;

2. The Defendant, who has been sentenced to criminal punishment more than ten times due to violent crimes, was sentenced to punishment more than three times, and was sentenced to punishment three times as a result of committing an offense, such as intrusion upon residence, obstruction of business, etc., even after the execution of the sentence with the repeated offender as indicated in the judgment was completed.

Nevertheless, the Defendant did not know himself and committed the crime of special intimidation in this case during the period of repeated crime.

It is inevitable to strictly punish the defendant.

However, considering the fact that the defendant is against the defendant and the fact that the defendant agreed with the victim, etc. in favor of the defendant, the defendant's age, character and behavior, environment, motive and circumstances of the crime, etc. are shown in the argument of this case.