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A defendant shall be punished by imprisonment for not less than eight months.
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
On June 23, 2015, the Defendant agreed to divorce between the victim B (n, 55 years of age) and the victim B (n, 2015).
On June 24, 2015, at around 08:10, the Defendant, at the Defendant’s house located in the Daegu Dong-gu CBD, told the victim to not divorce, but, upon the victim’s refusal, continued to attend the meeting as of the closing day of the day, saying “I would die and die by male if I am......................, the Defendant took an attitude that I would like to inflict harm on the body of the victim by repeating the phrase “I will die and die by male if I.........................., 196: (a) the Defendant took a dangerous thing in the kitchen (14cm in length, 12.5cm in length).
The Defendant carried the excessive amount of dangerous objects and threatened the victim.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. Application of the photographic Acts and subordinate statutes;
1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The basic area (six months to one year and six months) of the sentencing criteria (no person specially punished) shall apply to intimidations (Scope of recommending punishment).
2. As the Defendant, who was sentenced to the sentence, carried over the excessive volume of the goods dangerous, the nature of the crime is not somewhat weak, since the instant intimidation was made.
However, in light of the Defendant’s speech and behavior at the time of the instant case, it appears that the Defendant had no intention to commit direct harm to the victim. The Defendant recognized the Defendant’s mistake and reflects that the Defendant did not have any criminal record above the previous and suspended execution, and all other sentencing conditions, such as the motive, means and consequence of the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and family environment.