A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 23, 2014, at around 23:50, the Defendant taken a knife (17cm in blade length) in possession of the victim, who was dissatisfied with the issue of the victim D and taxi fares, and was in the middle of the dispute over the victim D and taxi fares.

In this way, the defendant threatened the victim with a deadly weapon.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement made to D by the police;

1. The police seizure record and the list of seizure;

1. The defense counsel’s assertion as to the assertion of the counsel regarding the seized articles is alleged to the effect that the defendant was in a mental and physical state due to depression, etc. at the time of committing the instant crime. However, in light of the background leading up to the instant crime, the means and methods of committing the instant crime, and the circumstances after committing the instant crime, the defendant did not have the ability to discern

Since it is difficult to see that such assertion was in a state or weak condition, it shall not be accepted.

Application of Statutes

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [type of crime] 4 – Special intimidation (special person) - mitigated elements of punishment (limited to the scope of territory and recommendation) - mitigated elements of punishment - imprisonment with prison labor for six months (minimum limit of punishment under law) or for one year [general person] mitigated elements of punishment - [decision of sentence] mitigated elements of imprisonment with prison labor for six months (decision of sentence] - 1 year of suspended execution of six months - The degree of intimidation against the above sentencing factors and the victim is not much serious.