A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 7, 2016, when the defendant lacks the ability to discern things or make decisions due to the symptoms of light around 08:03, the defendant: (a) on the south-gu Incheon Metropolitan City, the victim D (n, 22 years of age) reported himself/herself; and (b) he/she collected excessive (10cm length: 10cm) which is a dangerous object prior to the victim, and threatened the victim by acting in action to cause harm to the life and body of the victim by driving away from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Written statements of D;

1. Application of excessive photographs, field photographs, and CCTV-related Acts and subordinate statutes to the crime tools;

1. Relevant Article 284 of the Criminal Act, Articles 283 (1) and 283 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reduction of mental and physical drugs: Article 10 (2) and Article 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. The scope of the sentencing guidelines for the recommendation [the scope of the recommended punishment] the scope of the sentencing guidelines [the scope of the recommended punishment] the mitigated area (4 months to 1 year), the reduced area (4 months to 1 year), and the mental and physical weakness (no one is responsible for him/her);

2. Determination of sentence: (a) the Defendant recognized the instant crime and against whom the instant crime is committed; (b) the Defendant committed the instant crime under a state of mental and physical weakness because he/she was released from a mental hospital on December 29, 2015 and was not drinking a drug; (c) under favorable circumstances, the first offender was committed; and (d) the first offender was committed under no agreement with the victim, taking into account the circumstances unfavorable to the victim; and (c) other factors, such as the Defendant’s age, sexual behavior, environment, motive and circumstance leading to the instant crime, and circumstances after the instant crime, etc., shall be determined as indicated in the Disposition.