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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

After lending the money to the victim B (the age of 59) to the victim, the defendant was unable to recover the money, and the defendant was drinking the victim with an mind to threaten the victim by finding the victim's bath.

Accordingly, on August 2016, the Defendant: (a) was under the influence of alcohol to the Dcafeteria operated by the victim in Gyeyang-gu Incheon, Gyeyang-gu, Incheon, the Defendant: (b) had the foregoing monetary relationship, and (c) had the knife, the main knife (41cc in total length, 27cc in knife length) and threatened the victim with the knife of the main knife (27cc in knife in knife); and (d) had the victim’s knife “I will knife and knife.”

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness B, E, and F;

1. A protocol of examination of part of the defendant by prosecution;

1. Each police statement made to B, E, and F;

1. Application of the Acts and subordinate statutes to photographs, recording records, and investigation reports (investigation, etc. of Bags F) of the criminal tools;

1. Relevant Article of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Judgment on the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act

1. The gist of the assertion is that the Defendant uses a knife, which is a dangerous thing, and has not threatened the victim.

2. The facts and circumstances acknowledged by the evidence duly adopted and examined by this court, namely, ① the Defendant’s mother was aware of the victim while having provided meals or meetings at the restaurant operated by the victim, and the Defendant loaned money to the victim around 2016, but the victim claimed that 4.6 million won was the total amount of KRW 6 million.

The facts that the defendant was not reimbursed, ② the defendant (G) expressed a bath by telephone from June 2016 to the victim (H) or the payment of interest was delayed a day.