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 May 13, 2015, the Defendant: (a) around 00:09, around 00:09, on the ground that the victim D(23 years of age) driven a motor vehicle, and (b) took a deadly weapon in his possession, and acted as if he would inflict any harm on the victim’s life or body, such as putting the victim into the victim’s motor vehicle, and putting the excess into the victim’s motor vehicle.

Accordingly, the defendant threatened the victim with a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to report on investigation (suspects' crimes, photographs and film attachment);

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Grounds for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Determination of types of crimes: Types 4 (Special Intimidation).

2. Determination of the scope of sentence: The lower limit of the scope of sentence shall be modified according to the mitigated area and the lower limit of the applicable sentencing range in June.

1. A person who is subject to special mitigation: A person not subject to punishment)

3. Determination of sentence and suspended execution shall be determined by discretionary mitigation and suspension of sentence against the defendant within the scope of sentencing guidelines in consideration of the fact that the defendant's error is recognized and against his/her will, that the victim stated at an investigative agency that he/she does not want the punishment of the defendant, that the defendant's age and character are considered, and on condition that probation is suspended;

Public Prosecution Rejection Parts

1. Around 00:05 on May 13, 2015, the Defendant: (a) opened the “G” operated by the victim FF (the third-year age age of 43) on the third floor of the building in Pyeongtaek-gun, Pyeong-gun; (b) the Defendant, by avoiding disturbance, tried to hear the horses from the victim that he would take delivery from the victim; and (c) committed assault by opening the victim’s arms with his hand.

2. We examine the judgment.