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Defendants shall be punished by imprisonment for four months.
However, the sentence against Defendant B for a period of one year from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. On September 8, 2017, around 05:00, Defendant A cited a knife (30cm in total length, 20cm in length) that is a dangerous thing in the Defendant’s house under the influence of alcohol in front of the entrance of the dwelling of the victim B (36cm) of 119 Dong-dong 1204, Seo-gu, Busan, Busan, and 1204.
“Intimidating the victim”, the victim was threatened.
2. In response to the intimidation of the victim A (46) at the same time and place as described in paragraph (1), Defendant B, in response to the intimidation of the victim at the same time and place as described in paragraph (1), when the victim’s shoulder gates of both the victim were g0cm by a alinium air-conditioning net (70cm in total length) and one time, respectively, placed the victim’s shoulder strings on the number of days of treatment.
Summary of Evidence
1. Defendants’ legal statement
1. In light of various circumstances, such as the motive and background leading up to the crime committed by Defendant B, the means and method of the crime, the Defendant’s act before and after the crime, and the degree of injury to the victim, etc., determination of the defense of the political party in Defendant B’s on-site photograph, based on the evidence duly adopted and investigated by the court, the crime of this case committed by the Defendant constitutes an act to defend the current infringement of the legal interests of others
It does not seem to be an act due to fear, bad faith, entertainment, or confusion in the night or under other extraordinary circumstances.
Application of Statutes
1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act (the point of special intimidation and the choice of imprisonment), Articles 258-2(1) and 257(1) (the point of special injury) of the Criminal Act concerning criminal facts;
1. Defendant B who is legally mitigated: Articles 21(2) and 55(1)3 of the Criminal Act (excess defense);
1. Defendant B who is to be mitigated: Articles 53 and 55 (1) 3 of the Criminal Act;
1. Defendant B of the suspended sentence: Defendant A of the reasons for sentencing under Article 62(1) of the Criminal Act: A of many criminal offenses committed by violent crimes, and the person who suffered damage under the unfavorable circumstances that the crimes of this case were committed during the suspended sentence.