폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On January 20, 2014, at around 20:44, the Defendant threatened the victim by taking advantage of the fact that the victim E(E, South and 51 years of age) was an breadous crypted for the Defendant, who was under the influence of alcohol, as the dangerous object (9.5 cm in the blade length) in the part of the victim, and by threatening the victim as C’s “Cex, flag,” the victim’s flag,” and the victim’s crypted.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes on police statement to E;
1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 283 (1) of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Reasons for sentencing under Article 62(1) of the Criminal Act [Scope of Recommendation] Article 62(1) of the Act on the Suspension of Execution, taking into account the following: (a) the basic sphere (6 months to one year and six months) of the crime of intimidation [decision of a sentence] / there is no past record of criminal punishment exceeding a fine due to violent crimes; and (b) the fact that the defendant recognizes all of the crimes of this case and commits