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.

Criminal facts

At around 01:50 on 17, 2019, the Defendant: (a) in the house of the Defendant’s father located in Mapo-gu Seoul Mapo-gu Seoul B apartment C; (b) D’s friendly victim E (59 years of age) was diving, who was dissatisfied with the Defendant’s complaint; and (c) the kitchen knick (17cm in length, 30cm in total length) which is a dangerous article in the kitchen, was in his/her hand, and was threatened by the victim by carrying a dangerous article against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E;

1. Application of statutes on field photographs;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crimes: Articles 284 and 283 (1) of the Criminal Act;

1. Suspension of execution: Reasons for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for not more than seven years;

2. Application of the sentencing criteria [Determination of types] for violent crimes: Types 4 (Cumulative Offense, Special Intimidation) (Special Intimidation) (Special Intimidation) mitigated factors - mitigated areas of punishment (the area of recommendation and the scope of recommendation), mitigated areas of punishment (the area of recommendation and the scope of recommendation), two months to one year of imprisonment;

3. Determination of sentence: Imprisonment with prison labor for eight months and suspension of execution for two years (unfavorable circumstances) and the actual victim has suffered injury, majority of the records of violent crimes (fluence circumstances), the punishment of the victim, non-performance of contingent crimes, and his/her mistake are divided;