Text
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.
Reasons
Punishment of the crime
On June 30, 2019, at around 16:20, the Defendant heard from the victim D (the age of 26) to close the entrance door due to the inter-floor noise problem, and used a knife (the knife length of 20cm) which is a dangerous object in the main room, and reported the escape of the victim to the entrance of the first floor of the E-dong.
Accordingly, the defendant carried dangerous objects and threatened the victim.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Application of Acts and subordinate statutes of D;
1. Relevant Articles 284 and 283 (1) of the Criminal Act concerning criminal facts, the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;
1. Scope of the recommended punishment according to the sentencing guidelines [decision of types] for violent crimes [Type 4] for repeated crimes and special intimidation [Special Aggravationd Persons] for mitigation: The area of reduction of punishment [the area of recommendation and recommendation range], the area of reduction of punishment [the area of recommendation and recommendation range], and two months through one year;
2. Determination of sentence: The defendant has been sentenced to a fine for the same kind of crime in 2017, and the defendant's act of threatening the other party in a knife is very dangerous to the defendant's disadvantage.
However, considering the favorable circumstances that the victim would be the prior wife to the defendant without any consideration, and that the defendant has suspended the crime in a timely response to the situation.
In addition, it shall be decided as ordered in consideration of all the circumstances that are conditions for sentencing, such as the age, character and conduct, environment, motive and background of the crime, and circumstances after the crime.