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

Punishment of the crime

On November 13, 2009, the defendant was sentenced to imprisonment with prison labor for a year due to a violation of the Punishment of Violences, etc. Act (a collective weapon, injury, etc.) at the Busan District Court on November 13, 2009, and three times more of the records of the same punishment.

At around 20:00 on May 29, 2014, the Defendant: (a) requested the victim D living together at his own house of the Youngdo-gu Busan Metropolitan City, 207 Dong 721, to change his mobile phone apparatus; (b) applied for the refusal of the request; (c) brought 3 knife, which is a dangerous object in the kitchen, into the kitchen, and lowered 2 knife (13 cm in length per one knife, 20.5 cm in length per one knife) on the floor; and (d) brought knife one knife (32 cm in total, 19 cm in length per one knife) on his hand; and (d) threatened the victim with a knife and a knife for 30 cm in favor of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each photograph;

1. Previous convictions in the judgment: Criminal history records, investigation report (previous and verification), defense counsel for the defendant's assertion that at the time of the crime of this case, the defendant had a mental and physical state due to the following: Provided, however, in light of the background leading to the crime of this case, the means and methods of the crime, and the circumstances after the crime, etc., the defendant did not have the ability to discern things or make decisions at the time of the crime of this case.

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. The grounds for sentencing under Articles 3(1) and 2(1)1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 283(1) of the Criminal Act [the scope of recommending punishment] types 4 (Habitual, Cumulative, and Intimidation) (4-1 year) (special mitigation) and the mitigated area (4-1 year) (special mitigation).