A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[criminal history] The Defendant was sentenced to one year of imprisonment with prison labor and three years of suspended execution due to injury in the Gwangju District Court’s Branch on October 20, 2016, and the sentence became final and conclusive on September 28, 2017 and is still under suspended execution.

[2] On January 23, 2018, the Defendant, at around 08:25, at the home room of the Victim K (Woo, 78 years of age) located in J of the Nam-do, Namnam-do, Namnam-do, the Defendant: (a) threatened the Defendant’s mother to have himself hospitalized in a mental hospital; and (b) threatened the Defendant with a knife (25 cm in total length, 14 cm in length) which is a dangerous thing in the kitchen in which the Defendant, his mother, intended to have himself hospitalized in a kitchen; and (c) threatened the Defendant, by carrying a dangerous thing, who is a lineal ascendant and descendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to K in the police statement;

1. Each investigation report and reporting on emergency measures;

1. A family environment survey report;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of the judgment;

1. Relevant Article of the Criminal Act, Articles 284 and 283 (2) of the Criminal Act, reasons for sentencing of sentence of imprisonment, and reasons for sentencing of sentence of imprisonment;

1. Basic area of the sentencing criteria [the scope of the recommended punishment] and the basic area of the four types of intimidation crimes (Habitual, repeated crime, special intimidation): Victims who are not subject to punishment for six months to one year and six months (special mitigation/increased) of imprisonment;

2. The Defendant, who was sentenced to punishment, had been punished several times due to violent crimes, and committed the instant crime during the period of probation due to violent crimes.

The sentence of imprisonment on the accused is inevitable.

However, in light of the fact that the defendant recognizes his mistake and reflects, the victim does not want the punishment of the defendant, the age of the defendant, the circumstances of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined by considering all the sentencing factors in the procedure of this case.