Text
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 16, 2016, at around 00:05, the Defendant threatened the victims with the victim E (42 3) who was smoking tobacco in front of D main points located in Gwangjin-gu Seoul Special Metropolitan City, and his female-friendly job offering victim F (42 3) who was her female-friendly job offering victim, without any justifiable reason, under the influence of alcohol.
Summary of Evidence
1. Each legal statement of witness E, F and G;
1. A protocol concerning the interrogation of the accused by the prosecution;
1. Each police statement made to E and F;
1. Each statement of E and F preparation;
1. Police seizure records and list of seizure;
1. Application of the photographic Acts and subordinate statutes;
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 Competition. Article 40 (Selection of Punishment of Imprisonment);
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Article 62-2 of the Criminal Act on the observation of protection;
1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [the scope of recommendations] The basic area ( June - one year and six months) of the fourth category (Habitual, repeated, and special intimidation) of the crime subject to intimidation / [the sentence] / The defendant asserts that the victim is trying to murder the defendant, etc. / The mental situation is unstable, such as the defendant's assertion that the victim is about to murder the defendant, the victim's knife with the knife and threatened him/her with the knife on the actual street, and the victim has already been punished by a fine on several occasions of violence, etc., there is no possibility of recidivism.
I seem to appear.
However, there was no history of punishment more severe than fines, and the knife did not have the actual intention to knife the body of victims.
It is judged as ordered in consideration of all kinds of sentencing conditions, such as the fact that the defendant seems to have to have to receive medical treatment, the age of the defendant, etc.