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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On March 3, 2019, at the house of Yongsan-gu Seoul Metropolitan Government on March 18:15, 2019, the Defendant: (a) expressed the Defendant’s desire to be “Isket YYE” to the Defendant on the ground that Isket Da, C, and E, while drinking alcohol together with the Defendant’s former female-friendly job offersd victim D, C, and E, and C, and threatened the Defendant with “Isknish” as his hand, which is a dangerous object in the room (the blade length of 12.5 cm, the total length of 2.5 cm).
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to D and E;
1. Investigation report (related to the statement of the shote);
1. Application of excessive photographs (in light of the victim's consistent statement and the statement of witness C (the currency with the investigative agency), it may sufficiently recognize the fact that the defendant has threatened the victim, such as the excessive criminal facts entered in the criminal facts, which are dangerous articles;
1. Relevant Articles of the Criminal Act and the choice of punishment for the crimes: Articles 284 and 283 (1) of the Criminal Act;
1. Suspension of execution: Reasons for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of punishment by law: Imprisonment for not more than seven years;
2. Application of the sentencing criteria [Determination of types] for violent crimes: Types 4 (Cumulative Offense, Special Intimidation) (Special Intimidation) (Special Intimidation) mitigated factors - mitigated areas of punishment (the area of recommendation and the scope of recommendation), mitigated areas of punishment (the area of recommendation and the scope of recommendation), two months to one year of imprisonment;
3. Determination of sentence: Ten months of imprisonment, two years of suspended sentence (unfeasible circumstances) and two years of suspended sentence, and the majority of the records of violent crimes (feasible circumstances) (feasible circumstances) agree with the victim, which led that the victim does not want the punishment of the defendant, contingent crimes, the defendant is remarkably divided, and the victim does not repeat the crime;