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.

Punishment of the crime

피고인은 2018. 9. 29. 00:39 경 경기 고양시 일산 동구 B 건물 지하 1 층에 있는 C 주점에서, 술에 취하여 “ 휴대전화를 달라 ”라고 소리치며 위험한 물건인 커터 칼( 총길이 약 16cm, 칼날 길이 9.5cm) 을 손에 쥔 채 그곳 소파에 앉아 있는 위 C 주점 직원 피해자 D( 남, 29세) 의 목 부위를 손으로 조르고, 계속해서 이를 말리는 위 C 주점 전무 피해자 E( 남, 44세 )를 향하여 위 커터 칼을 들이대고 휘둘렀다.

Accordingly, the defendant, carrying a knife, which is a dangerous object, assaults victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. A written statement;

1. A protocol of seizure and a list of seizure;

1. Video CDs;

1. Application of Acts and subordinate statutes to investigative reports (Attachment to blades used by the person under investigation at the time of committing the crime);

1. Relevant provisions of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act (a point of special assault) and the choice of imprisonment for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 48(1) of the Criminal Act are as follows.

It seems to be a contingent crime.

Although the victims did not agree with the victims, the victims stated that they do not want to punish the defendant after being investigated by the police.

Until now, the defendant has no record of punishment for violent crimes.

On the other hand, the victims seem to feel a considerable threat because they are very large knife and are not placed in the victim's restraint.

In addition, the punishment shall be determined by comprehensively taking into account the following matters: the defendant's age, sex, environment, family relationship, motive, background, means, result, circumstances after the crime, relationship with victims, etc. and all the conditions of sentencing as shown in the trial process.