A defendant shall be punished by imprisonment for not less than eight months.

except that 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

1. Around 20:00 on July 16, 2013, the Defendant damaged the victim’s above dormitory visit by 400,000 won for repairing the said dormitory by putting the victim’s “D” dormitory located in Chungcheongnam-gun, Chungcheongnam-gun, on the ground that Dong Fee E was more defective in remaining business.

2. 폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박) 피고인은 2013. 7. 16. 20:00경 위 기숙사에서, 피해자 E(34세)이 방 안으로 들어가는 피고인을 따라 들어가 피고인의 어깨 부위를 잡자 컴퓨터 책상 위에 있던 흉기인 주방용 식칼(전체길이 42cm, 칼날길이 30cm)을 들고 피해자의 얼굴에 찌를 듯이 들이댔다.

Accordingly, the defendant threatened the victim with a deadly weapon.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of witness E;

1. Examination protocol of the accused by prosecution;

1. Records of seizure and the list of seizure;

1. On-site photographs and knives photographs;

1. Application of the written estimate statutes;

1. Relevant Article of the Criminal Act, Article 366 of the Criminal Act, the choice of punishment for a crime, Article 366 of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act (a crime of intimidation to carry dangerous articles);

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 of the Criminal Act;

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

1. Decision on the sentence that no person is sentenced to the punishment in violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) on the grounds of sentencing guidelines under Article 62(1) of the Criminal Act [the scope of recommending punishment] shall be limited to the recommendation [the scope of recommending punishment] of types 4 (Habitual, Cumulative Crime, Special Intimidation) and basic area (6 months): Imprisonment with prison labor: 8 months; 2 years in the suspension of execution [unjustifiable circumstances]: Partial denial of a defendant's crime; compensation for damage or failure to agree with the victim [the reasonable circumstances]: there is no domestic criminal power of the defendant.