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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 11:00 on August 14, 2016, in a room where the number of 15 stories of the Chinese luminous B building was unknown, the Defendant collected a rectangular knife (the total length: approximately 30cm, approximately 20cm: knife length) which is a dangerous object in the main room of the victim C (43 years) who is a workplace club for the reason that the Defendant had stress on the Defendant. The Defendant collected a galknife, which is a dangerous object in the main room of the workplace, and knife the knife, and knife the knife and knife.
The term "" means "the victim's attitude that seems to inflict any harm on the victim's life or body."
Accordingly, the defendant carried dangerous objects and threatened the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Written statements of D;
1. A criminal investigation report (D telephone call for a witness), telephone recording CD;
1. Investigation report (to hear statements from victims by telephone and to confirm the place of occurrence of this case);
1. Investigation report (to hear statements by reference D phone);
1. Application of Acts and subordinate statutes, such as a Kakao Stockholm course photograph and a scarf photograph;
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. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);
1. The reason for the sentencing of Article 62-2 of the Social Service Order Act / [the scope of recommendations] the reason for the protection and observation of protection and the sentencing of Article 62-2 of the Social Service Order Act / [the scope of sentence that does not have any person subject to special sentencing] basic area (from June 1 to June 1): The range of sentence comparison between the applicable sentences and the recommended sentences: June 1 to June 6 [the decision of sentence] - The punishment is heavier for a crime of intimidation by using a knife, which is a dangerous object against the defendant.
A criminal record related to violence (including a crime of violation of the Punishment of Violence, etc. Act, a crime of assault, a crime of destruction of property, a crime of bodily injury, and a crime of obstruction of execution of official duties) five times.
- The circumstances favorable to the defendant are contingent crimes.
Recognizing errors and reflect their depth.
The health status is not good.
- To the extent of the recommended sentence by taking into account other factors that constitute the conditions for sentencing set forth in Article 51 of the Criminal Act.