폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
A defendant shall be punished by imprisonment for six months.
However, 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
At around 03:20 on June 2, 2013, the Defendant told the victim E (the aged 51) who was a convenience store located front of the D convenience store located in Gwangjin-gu Seoul Special Metropolitan City, to get off the above table with a knife (18cc in the knife length) prepared in advance without any reason. The Defendant said that “the Defendant is this person, and the dead and discarded.”
Accordingly, the defendant carried a knife, which is a deadly weapon, and threatened the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Seizure records;
1. Application of each statute on photographs;
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. Article 62(1) of the Criminal Act on the stay of execution (Considering the circumstances, such as the fact that the crime in this case appears to be a contingent crime while under the influence of alcohol, the defendant cannot be deemed to possess the deadly weapon in this case for the purpose of undermining others, and that the defendant reflects his mistake);
1. Probation under Article 62-2 of the Criminal Act;
1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation;