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.

Punishment of the crime

On October 3, 2014, at around 21:47, the Defendant threatened the victim E (Nam, 16 years of age) who, without any justifiable reason, was in possession of a kitchen, which was in possession of a dangerous weapon (34 cm in total length, 21.5 cm in length) from the front of the “D convenience store” located in G, Gandong-gun, Gandong-gun, Gandong-gun, Gandong-gun, to the part of the victim’s distribution.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes on internal investigation reports;

1. Articles 3(1) and 2(1)1 of the former Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Article 283(1) of the Criminal Act concerning criminal facts

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. As to the assertion by the defense counsel as to Article 48(1)1 of the Confiscation Criminal Act, the defense counsel asserts that the defendant was in a state of mental disorder due to mental fission at the time of the crime in this case, so the defendant was diagnosed as a mental friend, and according to the record, there was a fact that the defendant was diagnosed as a mental friend, but there was no ability to discern things or make decisions at

The above assertion cannot be accepted as it seems to be in a state or weak condition.

Reasons for sentencing

1. The scope of recommendations according to the sentencing guidelines [the scope of recommendations] and the basic area (six months to one year and six months) of the crimes of intimidation (Habitual, repeated, and special intimidation) (the scope of recommendations) shall be limited to the category 4;

2. The circumstances are not absolute in that the Defendant, without any reason, expressed that the instant crime that threatens the victim in the kitchen knife with the kitchen knife, was committed.

However, the fact that the defendant is against the wrong, the fact that there is no other criminal history as well as the punishment once by fine, and the fact that he suffers from mental disease.