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A defendant shall be punished by imprisonment for not less than one year and 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
On April 11, 2014, at around 01:50, the Defendant: (a) threatened the victim E (manam and 68 years of age) on the street in Yeongdeungpo-gu Seoul Metropolitan Government on the ground that the Defendant listens to the ordinary interest of the passenger car operated by the Defendant; (b) taken the victim’s face at a time due to car drinking; (c) taken the victim’s face at one time due to car drinking; (d) taken the victim’s regular course at one time; and (e) took a knife (14cm in knife length) as an object dangerous to the knife of the said passenger car; and (e) threatened the victim with the victim’s face at one time due to drinking, etc., taking about 42 days’ face into consideration.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol regarding E;
1. Seizure record and list;
1. A damaged parts and photographs of seized articles;
1. Application of Acts and subordinate statutes of the injury diagnosis certificate;
1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;
1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following factors are repeatedly taken into account for sentencing);
1. Social service order under Article 62-2 of the Criminal Act;
1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;
1. The scope of recommendations according to the sentencing criteria [type of crime] shall be limited to the range of punishment [special mitigation factors] of habitual injury, repeated injury, special injury (special mitigation factors], and the penalty not to be imposed (the scope of sentence of recommendation], and one year and six months through six months, respectively;
2. The crime of this case committed by the Defendant, while threatening the victim’s face while citing and threatening the excessive act as a deadly weapon, is one of the crimes. However, the Defendant led to confession of the crime of this case and reflects his mistake, and the victim does not want punishment for the defendant. The crime of this case appears to have been contingent.