Text
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 of the final judgment.
Reasons
Punishment of the crime
On December 20, 2013, at around 21:40, the Defendant reported that D, having been a woman of the past in Guro-gu Seoul Metropolitan Government, drinked with the victim E (ma, 47 years of age) and drinking. On the Defendant’s home, the Defendant carried a knive knife (the total length: 22cm, 10cm: 10cm) with the Defendant’s house, and threatened the victim by carrying a lethal weapon, stating that “A knife may have a knife with the face of normal knife.”
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement of E;
1. Application of Acts and subordinate statutes on 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Social service order under Article 62-2 of the Criminal Act;
1. Where a defendant in the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act threatens a victim in knife, and the crime is serious but contingent, and the defendant does not exercise violence differently by simple intimidation, the defendant shall be sentenced to the same punishment as the disposition in consideration of the circumstances leading to the crime in this case, the danger of the method of crime, etc.