A defendant shall be punished by imprisonment for not more than ten 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

The Defendant, as a single customer of the cafeteria “C” restaurant in Mayang-si B, became a single customer, and became a female employee.

On December 9, 2013, at around 01:35, the Defendant got the victim E, who was a customer, who was under the influence of alcohol, and was working in the kitchen while drinking in the above restaurant.

The Defendant, who was parked in front of the above restaurant, taken a 5.0m old air gun, which was a deadly weapon in the car, into his hand, launched two guns in front of the above restaurant to the public, and accumulated the victim by entering the above restaurant.

The Defendant continued to take away the air gun from other customers who were next to the Defendant, and received the said air gun from the said air gun after removing the ball cartridges that were charged to the said air gun, and as well as the victim, threatened the victim of the said air gun by stating that the said air gun was owned by his hand, and that the victim was “Neman Do”.

Accordingly, the defendant carried a deadly weapon with an air gun and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on internal investigation:

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 283 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 201Do148, Apr. 1, 2011>

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;