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 December 10, 2014, the Defendant: (a) around 22:00, at the front of D Licensed Real Estate Agent in Kimhae-si, Kim Jong-si, the victim E (Nam, 17 years of age) and his her friendliness had a tobacco in front of the Defendant’s home and had a complaint against the Defendant’s early thrown away of the cigarette but, (b) reported that the marin was “Ii” but the victim did not thrown away of the cigarette but attempted to do so; (c) the Defendant’s knife (18cc in a knife length) was a dangerous object carried out at the Defendant’s home, and threatened the victim, such as “I am the knife of the knife” and “I am the knife of the knife.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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

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

1. On September 24, 2015, the Constitutional Court of Korea rendered a decision that “a person who commits a crime under Article 283(1) (Intimidation) of the Criminal Act by carrying a deadly weapon or other dangerous articles with a deadly weapon or other dangerous articles” in Article 3(1) of the Punishment of Violences, etc. Act (amended by Act No. 12896, Dec. 30, 2014) was in violation of the Constitution, and the retrial procedure was commenced in this case. However, the new trial procedure was initiated by taking into account the unfavorable circumstances, including the fact that the defendant is divided into crimes, and several times of criminal punishment including the same kind of crime, which are favorable circumstances, and there are records of past criminal punishment, such as the defendant’s age, character and conduct, home environment, home environment, motive and circumstance of the crime, the means and consequence of the crime, and the circumstances after the crime, etc., it is reasonable to sentence the same sentence as the judgment subject to the new trial.