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The punishment of the accused shall be determined by four months of imprisonment.
However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On February 20, 2016, at around 22:40, the Defendant, at the house of the victim C (Woo, 47 years old) who was the former wife of the 711-dong 906 B apartment house in Gwangju Mine-gu, the Defendant, under the influence of alcohol, took a dispute with the victim due to the problem of money, and took a kitchen knife (20 cm in the blade length of the kitchen) toward the victim, and took a look at the victim’s kitchen knife (20 cm in the knife), and took a view that the victim’s body would be harmed by the said knife.
Accordingly, the defendant threatened the victim with a deadly weapon.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of C’s written laws and regulations
1. Relevant Article 284 of the Criminal Act, Articles 283 (1) and 283 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act for observation of protection and observation;
1. Scope of a recommended sentence according to the sentencing criteria: Four types of violent crimes (a decision on the area of recommendation) (a decision on the area of recommendation) (a decision on special intimidation) shall be mitigated: Imprisonment for not less than four months but not more than one year;
2. Determination of sentence: The sentence shall be determined as ordered, in consideration of all the sentencing conditions shown in the pleadings of this case, such as the defendant's age, sexual conduct, environment, circumstances following the four months (two years of suspended sentence) of imprisonment, and any other circumstances described in the pleading of this case.
D. Unfavorable circumstances: Cases are disadvantageous to the victim's house and threaten with a knife, and the risk of threat with a knife and the psychological impact on the victim and young children, etc. are considered.
A favorable circumstance: A dangerous weapon is not a serious threat to the victim, but a case that "the dead person" is "the same as the dead person," with a deadly weapon produced.
It seems that the defendant did not use violence while maintaining marriage life with the victim, and there was no record of punishment for violent crime in 1990 as well as fine.
No injured person shall be punished for a defendant.
The victim depends on the child support paid by the defendant.