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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On December 15, 2015, at the management office of D Apartment, the defendant's residential apartment located in Geum-gu, Busan, on December 15, 2015, the defendant demanded the victim E (46 years) who is an employee of the defendant's residential apartment located in Geum-gu, Busan, to take measures to prevent the outside vehicle from using the underground parking lot of the apartment, but on the ground that the measures are not properly taken, the defendant had a knife for the main purpose (27 cm in total length, 16 cm in length in the knife) which is a deadly weapon at the house, and the defendant stated the knife k's k
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“Along with sound, the victim threatened the victim by placing the knife on the table of the above management office, and at the same time interfered with the operation of the victim’s apartment management office by force.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement made by the police for E;
1. Investigation report and photograph (No. 6, 7 No. 500);
1. Application of the statutes on seizure records and the list of seizure lists;
1. Articles 284, 283 (1), and 314 (1) of the Criminal Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishments imposed on special intimidation heavier than punishment);
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;
1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act (amended by Act No. 48(1) of the Confiscation Criminal Act / [the scope of recommendations] the execution of imprisonment shall be postponed in consideration of the following factors: (a) the mitigation area (4 months to 1 year); (b) the mitigation area (including a person who is subject to special mitigation); (c) the non-won of punishment (including a serious effort to recover from damage); or (d) the considerable damage has been restored [decision of sentence] the Defendant’s criminal history; (b) the Defendant has no record of punishment exceeding the fine; (c) there has been no record of punishment exceeding the Defendant; (d) there has been no agreement with the
An order to protect, observe and attend courses shall be imposed in light of the details of the crime committed in one Part, the character and conduct of the accused and the environment.