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A defendant shall be punished by imprisonment for not more than ten months.
except that 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
1. On January 8, 2014, at around 10:40, the injured Defendant demanded D’s friendly victim F (n, 47 years old), who was in the same place to talk with D, which was a pet of D operation in Gangwon-gun, Gangwon-do, Gangwon-do, to turn on the job at D’s Ecafeteria. However, when the victim refused to do so, the victim was pushed off with his/her hand while he/she was in dispute.
As a result, the defendant suffered injury to the victim, such as physical injury caused by an unknown physical injury, in detail, for about six weeks of treatment.
2. The Defendant violated the Punishment of Violence, etc. Act (a collective, deadly weapons, etc.) brought the victim F, who was in his/her custody, on the date and place specified in paragraph (1), brought the knife (21 cm in length, 10 cm in knife in knife) to the victim F, who was in his/her custody for the said reason, and sound “p
Accordingly, the defendant carried a knife with a deadly weapon and threatened the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to F and D;
1. A written statement;
1. Seizure records;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant Article of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act concerning the crime (the point of intimidation by carrying a deadly weapon);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Application of the sentencing criteria;
(a) Crimes in violation of the Punishment of Violences, etc. Act (referring to the scope of recommendations), intimidation (referring to repeated crimes, repeated crimes, special intimidation) and the basic area (referring to six months of imprisonment to one year and one year and six months) (referring to a person who has been specially punished);
(b) the crime of injury (Scope of recommendations) general injury, type 1 (general injury), basic area (one to one year and six months of imprisonment) (special person).
(c) The scope of final sentence due to the aggravation of multiple offenses: Imprisonment with prison labor for not less than six months up to two years and three months;
2. Determination of sentence;