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A defendant shall be punished by imprisonment for not less than eight months.
Seized evidence 1 (two pieces) shall be confiscated from the accused.
Reasons
Punishment of the crime
[Criminal Power] On December 5, 2013, the Defendant was sentenced to a suspended sentence of two years in one year and six months, which was sentenced to a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Suwon District Court’s Eunpyeong District Court’s House on December 5, 2013, and the judgment became final and conclusive on December 13, 2013, and
【Criminal Facts】
On August 2, 2015, at around 11:15, the Defendant used two dangerous articles ( approximately 30cm in total length, about 16cm in blade) under the influence of alcohol, which are dangerous articles ( approximately 30cm in total length, about 16cm in knife) kept in the house in the front of the Defendant’s house located in Pyeongtaek-si C, on the ground that the family members of the victim D(34 years of age), were satisfing the director, and made a threat in the front of the Defendant’s house. The Defendant used two knife in both hands, and made knife in the front of the Defendant’s house in Pyeongtaek-si.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Investigation report (to hear statements from victims E);
1. Seized articles, on-site photographs, and caps and photographs of dynamic images;
1. The police seizure record and the list of seizure;
1. Previous convictions: References to criminal records, replys to criminal records, and application of Acts and subordinate statutes concerning investigation reports;
1. Articles 284 and 283 (1) of the Criminal Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the defendant is committed in the instant case even though he/she was committed during the period of suspension of execution, the defendant committed the instant crime without being aware of the crime even during the period of suspension of execution, the victim's desire to be punished, and other circumstances recorded in the records, such as the defendant's age, character and conduct, family environment, etc. shall be determined as ordered by the sentence.
It is so decided as per Disposition for the above reasons.