A defendant shall be punished by imprisonment for six 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

around 22:30 on June 18, 2014, the Defendant carried a deadly weapon that can be used for a crime without good cause, such as bringing about a disturbance in the D cafeteria located in Seongbuk-gu Seoul Metropolitan City, Sungnam-si (16cm in length) and bringing about a dangerous object at the Defendant’s vehicle (16cm in length).

『2014고단2221』 피고인은 2014. 6. 1. 12:10경 용인시 처인구 E 소재 F약수터 배드민턴장에서 피해자 G(48세)이 피고인이 틀어놓은 음악CD를 껐다는 이유로 피해자의 몸 위에 올라타 피해자를 때린 후, 당시 주머니에 소지하고 있던 흉기인 맥가이버 칼을 꺼내 피해자의 목에 들이대면서 위해를 가할 듯이 피해자를 협박하였다.

Summary of Evidence

"2014 Highest 1774"

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Police seizure records;

1. Photographs of seized articles 2014No2221;

1. Protocol of examination of witnesses concerning G (part of the fourth protocol of trial);

1. A partial statement of the I;

1. Application of Acts and subordinate statutes concerning police statements to J;

1. Relevant Article of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 7 of the Act on the Punishment of Violences, etc., Articles 3 (1) and 2 (1) 1 of the Criminal Act, and Article 283 (1) of the Criminal Act concerning the Punishment of Violences, etc.

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. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act for forfeiture [the scope of recommendation] is the mitigated area (4 to 1 year), the mitigated area (4 to 4 months and 1 year) (including specially mitigated persons), the person not subject to punishment (including serious efforts to recover damage), or the person whose considerable damage has been recovered (the criteria for processing multiple crimes).