A defendant shall be punished by imprisonment for nine months.

Seized knife (No. 1) shall be confiscated.

Punishment of the crime

[Criminal Power] On May 13, 2015, the Defendant appealed for ten months from the Seoul Southern District Court sentenced him/her to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., but the appeal was dismissed on July 24, 2015 and the said judgment became final and conclusive on August 1, 2015.

On the other hand, on December 24, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Military Service Act at the Incheon District Court, and the said judgment became final and conclusive on January 1, 2015. However, as seen above, the sentence of probation was invalidated due to a final and conclusive sentence on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. during the period of probation.

【Criminal Facts】

On April 11, 2015, at around 14:45, the Defendant: (a) committed assault to the victim E (66 years of age) who has parked the vehicle and moved on a bicycle at the convenience store in order to park, and the victim E (66 years of age) who has parked the vehicle due to traffic inconvenience; (b) taken the inside part of the victim as drinking; (c) threatened the victim by taking a knife, which is a deadly weapon located within the troke of the vehicle; and (d) threatened the victim with the knife (21cm in the knife length of the knife) by cutting off the knife and pushing the knife of the victim; and (e) inflicted injury on the victim by assaulting the victim for approximately four weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Records of seizure and photographs of seized articles;

1. On-site and victim photographs;

1. An investigation report (receiving a medical certificate of injury);

1. Previous records: Criminal records and other inquiries, and application of each investigation report (which means confirmation during the period of the suspension of the execution of a suspect, and arrest of a suspect separately) statute;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The latter part of Article 39 (1) of the Criminal Act and Article 55 (1) 3 of the Criminal Act mitigated following the handling of concurrent crimes;

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

1. Confiscation Article 48 of the Criminal Act