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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[criminal records] On November 19, 2014, the Defendant was sentenced to ten months of imprisonment with prison labor for a crime of violation of the Punishment of Violences, etc. Act (a collective weapon, etc.) at the Chuncheon District Court on November 19, 2014, and completed the execution of the said punishment in the Chuncheon Prison on June 21, 2015.
[Criminal facts] The Defendant committed the following crimes under the state that the Defendant lacks the ability to discern things or make decisions due to mental illness such as a stimulative disorder, etc.
In accordance with the facts acknowledged by the evidence of 2016, the facts charged were partially revised to the extent that it does not disadvantage the defendant's right to defend, according to the evidence of 2016.
1. On January 30, 2016, at around 04:25, the Defendant, at the main point operated by the victim D, who was in Gangwon-gun, Gangwon-gun, expressed the attitude that, even if the Defendant did not possess cash or credit cards, etc. available for settlement, the Defendant would normally pay the price despite having no intent or ability to pay the price, and ordered E, who is an employee of the said main point, to receive an alcoholic beverage or alcohol equivalent to KRW 400,00,00.
Accordingly, the defendant was given property by deceiving the victim.
2. The Defendant, at the time and place specified in paragraph 1, destroyed the property equivalent to KRW 2,580,00, which is the victim’s market price, by taking the kitchen knife (32 m in the length of the knife) and placing the kitchen knife, which is a dangerous thing in the kitchen, on the ground that he was requested to pay the drinking value from the above E at the time and place, but failed to pay the drinking value, and E was tryed to report to the police.
3. A special assault Defendant: (a) has been in contact with the victim E on the ground that the victim E intended to report to the police at the time, place, such as the date, time, and place described in paragraph (1) and paragraph (2); (b) has taken one time to the right side of the victim on drinking; and (c) has continued to be in danger, a kitchen, a kitchen, which is a dangerous object.