A defendant shall be punished by imprisonment for not less than eight months.

However, 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

On October 25, 2014, around 05:20 on October 25, 2014, the Defendant: (a) as the “C’s operation of the Defendant,” the victim D (28 years of age) who is a customer, was unable to drink the Defendant’s friendship and did not pay the drinking value; and (b) made it difficult for the Defendant to do so, the Defendant threatened the victim by using a knife, a dangerous weapon (33 cm in total length, 22 cm in length of the day), which is in the kitchen, in one hand.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A protocol concerning suspect examination of D;

1. Police seizure records;

1. Application of Acts and subordinate statutes to photograph CCTV images;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Persons who are not subject to punishment in the area of mitigation (four months to one year) (special mitigation) (4 months to one year) of the sentencing guidelines, the scope of recommended sentences [the scope of recommended sentences] according to the sentencing guidelines;

2. The Defendant, who was sentenced to punishment, has been punished or detained several times for violent crimes, and the instant crime was committed in a knife and thus, is highly dangerous.

However, without paying the drinking value, the victim spits or spits on the defendant without paying the drinking value, and the victim does not want to be punished against the defendant from the investigation stage, the defendant is led to confession, the defendant is against himself, and all other circumstances revealed in the arguments such as the age and family environment of the defendant were taken into consideration.