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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
At around 20:00 on June 18, 2015, the Defendant met the victim E (n, 22 years of age) who was oriented at the time of approximately six months prior to the bus stops located in Yong-gun, Yong-gun, Yongnam, the Defendant: (a) placed the victim E (n, 22 years of age) on the left-hand side of the Defendant; (b) put the dangerous object that was prepared in advance on the Defendant’s left-hand side, and (c) threatened the victim with the same attitude as the above and the Defendant’s parts on the part of the Defendant’s name in order to avoid refusing the Defendant’s demand.
Accordingly, the defendant carried dangerous objects and threatened the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Investigation report (F counterpart search and investigation by a reporter), and detailed statement of processing 112 reported cases (Evidence No. 43 pages);
1. Investigation report (the search and investigation of the counter party of the business owner of the DNA set), on-site photographs (Evidence Record No. 45 pages);
1. Application of Acts and subordinate statutes to report on investigation (the details of attaching photographs to the site inspection of the place where the criminal implements was purchased);
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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);
1. Grounds for sentencing under Article 62(1) of the Criminal Act (including the following grounds for sentencing)
1. Determination of types of crimes: Types 4 (Special Intimidation).
2. Determination of the scope of sentence: The lower limit of the scope of sentence shall be modified according to the mitigated area and the lower limit of the applicable sentencing range in June.
1. A person who is subject to special mitigation: A person not subject to punishment)
3. Determination of the sentencing criteria and the suspension of execution shall be determined within the scope of the sentencing criteria in consideration of the fact that the accused acknowledges and reflects his mistake, the fact that the accused agreed with the victim, the fact that there is no history of criminal punishment in the Republic of Korea, the age, character and conduct, etc. of the accused, and the execution thereof shall