A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Criminal facts

At around 01:50 on June 18, 2018, the Defendant: (a) purchased a kacker knife (a total length: approximately 16 cm, day: 8 mp.) which is a dangerous object from the above convenience store on the ground that the victim D (here, 46 years of age) in front of the “C” convenience store located in Seongdong-gu Seoul Metropolitan Government, would not communicate his/her speecher E, and threatened the victim.

Accordingly, the defendant carried a knife, a dangerous object, and threatened the victim.

Summary of Evidence

1. Statement made to D by the police;

1. A statement prepared by the F;

1. Records of seizure and the list of seizure;

1. Sackers' photographs and receipts to purchase kacks, which are seized articles;

1. Application of the Acts and subordinate statutes to a CCTV image closure photograph;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The range of recommended sentences according to the sentencing guidelines (decision of types of punishment), the group of violent crimes, intimidation, and the mitigated factors of types 4 (Special Intimidation): The area of mitigated punishment [the scope of recommending punishment]: Imprisonment with prison labor for not less than two months or for not less than one year;

2. The crime of this case, which was determined to be sentenced, is a serious knife that the defendant threatened the victim, which is a dangerous object, and the liability for such crime is not minor;

In addition, even though the defendant had been subject to criminal punishment for violent crimes, he/she repeated several times.

However, the fact that the victim did not directly threaten the victim, and that the victim does not want to punish the defendant (Article 44 of the investigation record in the police statement against the victim), etc. is considered as favorable to the defendant.

In addition, the records and arguments of this case, such as the defendant's age, character and conduct, motive and background of the crime, means and results of the crime, and the circumstances after the crime.