A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On October 1, 2009, the Defendant was sentenced to three years of imprisonment for a violation of the Punishment of Violences, etc. Act (Habitual collectives, deadly weapons, etc.) at the Gwangju High Court, and completed the execution of the sentence in the Seoul Southern Prison on April 14, 2012.

The defendant is a victim I (the age of 49) externalk.

1. On December 15, 2014, the Defendant violated the Punishment of Violences, etc. Act (collectives, deadly weapons, etc.) demanded the victim to pay the taxi expenses that had been under the influence of alcohol to the “Kel” operated by the victim of J during the strike at around 03:30 on December 15, 2014, but the victim refused this demand, thereby causing fear to the victim by taking the kitchen knick, which is a dangerous thing that had been on the floor of the telecom and has been on the part of the telecom, and causing the victim to feel.

Accordingly, the defendant carried dangerous objects and threatened the victim.

2. The Defendant, who attempted to destroy and damage property, went beyond a computer, which is the victim’s possession, at the time and place specified in paragraph (1), but the computer was operated normally.

Accordingly, the defendant tried to damage the victim's property, but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of I;

1. On-site photographs, investigation reports, investigation reports (related to deadly weapons used by the defendant);

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, personal identification and current status of confinement;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act, Articles 371 and 366 of the Criminal Act concerning a crime;

1. Selection of punishment, imprisonment with prison labor;

1. Article 35 and the proviso to Article 42 of the Criminal Act (limited to the crimes against the Punishment of Violences, etc. Act (collectively Intimidation, Deadly Weapons, etc.);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Discretionary mitigation Criminal Act;