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A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On November 22, 2019, at around 21:50, the Defendant lent money to the victim while making alcohol in the “D” restaurant operated by the Victim C (A, 59 years of age) in Daegu Northern-gu, Daegu Northern-gu, 2019. However, the Defendant refused the lending of money to the victim, but the victim refused the lending of money, but the knife knife (25 cm in total length) that is a dangerous thing in the main room was snifeed with 2-3 knife and knife the knife and knife with the knife “hinging the knife,” thereby threatening the victim’s body.
Accordingly, the defendant carried dangerous objects and threatened the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Application of statutes on site photographs;
1. Relevant Article of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, the choice of imprisonment for a crime;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Extent of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] for violent crimes [the type 4] for repeated crimes, special intimidation [the elements of mitigation]: In cases where punishment is not granted (including serious efforts for recovery of damage), or considerable damage has been recovered (the scope of the recommended sentence and the recommended sentence] for mitigation area, two months to one year;
2. Determination of sentence: Determination of sentence: Imprisonment with prison labor for six months, probation for two years following the suspension of execution, and other records, such as the defendant's age, occupation, character and conduct, environment, motive, means and result of the crime, circumstances after the crime was committed, and the conditions of various sentencing as shown in the arguments of this case shall be determined as the order.
D. Unfavorable circumstances: A crime committed by a defendant with a dangerous object under the influence of alcohol, and the nature of the crime is not exceptionally considered in light of the circumstances, contents, etc. of the crime.
The favorable circumstances: there is no record of criminal punishment exceeding the fine for the defendant.
Defendant is led to confession and reflect.
The victim expresses his intention not to want the punishment.