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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 13:20 on September 4, 2014, the Defendant: (a) at one’s house located in Osan City, the Defendant: (b) 13:20 on September 4, 2014, the victim E, who had her husband D and drinking, had his her her her her her husband D and drinking in a paper room; (c) she was faced with the above a house; (d) when her face was met from the victim, the Defendant went through a kitchen with a knife (20cm in a knife length) and displayed the victim; (d) her knife with one kitchen (20cm in a knife length) to the victim; and (e) her knife knife knife knife knife knif k
In this way, the defendant carried dangerous objects and threatened the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol regarding E;
1. Written statements of D;
1. Each photograph (Evidence Nos. 4 and 9) asserts to the effect that the Defendant was in a mental and physical state under the influence of alcohol at the time of the instant crime. However, in light of the background leading up to the instant crime, the means and method of the instant crime, and the circumstances after the instant crime, the Defendant did not have the ability to discern things or make decisions by under the influence of alcohol at the time of the instant crime.
Since it is difficult to see that such assertion was in a state or weak condition, it shall not be accepted.
Application of Statutes
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [type of crime] - Types 4 of violent crime group - intimidation [special offender] mitigation element - [territory and scope of punishment] mitigation area - imprisonment with prison labor for six months (minimum limit of punishment in law) or for one year (decision of sentence] under imprisonment for six months (decision of sentence] 2 years of suspended sentence for six months - community service worker 80 hours of suspended sentence - the above sentencing factor and the defendant themselves.