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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
The defendant is in a marital relationship with the victim C (54 years of age) and is living together with the victim in his/her residence in the Docheon-gun D.
Defendant,
1. On September 20, 2013, around 23:00, the victim gave money to the victim at the above residence, however, on the ground that the victim was refused from the victim, taking a knife knife, a dangerous weapon (32 cm in length, 20 cm in knife) which is a deadly weapon in the front room of the Republic of Korea, and taking the victim into consideration, and threatening the victim, “I will die,” thereby threatening the victim;
2. On the 21st of the same month, around 20:00, at the place specified in paragraph 1, the victim took the above knife, which was a deadly weapon in the main room, for the foregoing reasons, and took the victim’s knife and knife as in the victim’s knife, and threatened the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Police seizure records;
1. Seized blades;
1. Investigation report (related to hearing statements of victims and children);
1. Application of Acts and subordinate statutes to investigative reports (report on the contents of telephone conversations with persons for reference);
1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, and Article 283 (1) of the Criminal Act (the point of intimidation by carrying a deadly weapon);
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. Suspension of execution under Article 62 (1) of the Criminal Act (the execution of a sentence shall be suspended, but probation shall be added to prevent recidivism, in consideration of the following: (a) the risk of an act of a defendant is high; (b) the mental disorder appears to arise from mental disorder; (c) the primary crime without previous conviction; and (d) the recognition
1. Probation and community service order under Article 62-2 of the Criminal Act;
1. Article 48 (1) of the Criminal Act of confiscation;