A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

The Defendant, who lacks the ability or decision-making ability to change things due to the network, impulse, etc. due to the editoric personality disorder, was living in the rest area of the homeless with the victim C(58 years of age) who was living in the 3rd floor in Gwangju Northern-gu.

피고인은 2014. 10. 18. 10:55경 위 노숙인 쉼터 주방에서 F과 말다툼을 하던 중 피해자로부터 “밥 먹으면서 뭘 시끄럽게 하냐, 조용히 좀 해라.”라는 말을 듣자 그곳 주방에 있는 위험한 물건인 부엌칼(칼날길이 약 18cm)을 가져와 피해자의 배에 들이 대고 피해자에게 “네가 전에 나한테 칼로 허벅지를 찔러 버린다고 하지 않았냐, 씹할 칼로 배를 돌려버리겠다.”라고 말하며 위협하였다.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and F;

1. Application of the present Acts and subordinate statutes on evidence No. 1;

1. Articles 3 (1), 2 (1) 1, and 283 (1) of the Act on the Punishment of Violences, etc. of Specific Crimes;

1. According to Articles 10(2) and 55(1)3 of the Criminal Act for the mitigation of mental disorders (the written diagnosis of a hospital in the Seoul Special Metropolitan City, which is submitted by the defendant to the defendant), the defendant has received medical treatment since 2012 as a disease, such as franchising disability, Maternal Mental franchising disease, etc., and the defendant has filed an appeal for the network, franchising, and franchising due to the above illness. As such, at the time of committing the instant crime, the defendant can be acknowledged that the defendant had the weak ability

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;

1. The scope of applicable sentences under law: Imprisonment with prison labor for up to 6 months up to 15 years;

2. The scope of recommendations according to the sentencing criteria: Imprisonment for two months to one year (the scope of recommendations) shall be type 4 (Habitual, Cumulative, and Special Intimidation).