폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
A defendant shall be punished by imprisonment for not less than eight 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
On August 27, 2014, the Defendant was sentenced to imprisonment with prison labor for 8 months and 2 years of suspended execution at the Seoul Central District Court on August 27, 2014, and the judgment became final and conclusive on January 29, 2015.
1. Around 21:00 on December 24, 2014, the Defendant expressed the victim’s attitude to harm the life or body of the victim, i.e., the victim’s c apartment 110 Dong Dong 905, Seoul Special Metropolitan City, which is a temporary residence (the age of 64) and expressed the victim’s desire to “Cropate boom” on the ground that the victim was boomed by himself/herself, while taking a cropating the victim on the ground that he/she was boomed by himself/herself. In short, the Defendant expressed the victim’s attitude that he/she would have harmed the victim’s life or body by using the cropous weapon, which is a deadly weapon (the length of 19.5cm) located in the main room.
2. In the same time and place as mentioned in the preceding paragraph, the Defendant, at the same time and place as mentioned in the preceding paragraph, notified the Defendant that the Defendant would arrest the Defendant as a flagrant offender in the violent incident, by using the knife knife, which is a lethal weapon (29.3 cm in length) and by threatening the said F, thereby obstructing the Defendant’s legitimate performance of duties concerning the arrest of the flagrant offender, who is a police official.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to F and D;
1. Written statements of D;
1. Records of seizure and photographs of seized articles;
1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation reports (a final and conclusive judgment attached to the same type of crime) Acts and subordinate statutes;
1. Articles 144(1) and 136(1) of the Criminal Act of the relevant statutory provisions concerning criminal facts; Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act; and Article 283(1) of the Criminal Act concerning criminal facts;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 53 of the Criminal Act for discretionary mitigation.