폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
A defendant shall be punished by imprisonment for six 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
The defendant is a person who works for one-time and resides together with the victim C (58 years of age, South).
On September 6, 2012, at around 20:30 on September 20, 2012, the defendant, while standing together with the party D victim's residence, took a dispute over his responsibility for the theft of smartphones, and the defendant threatened the victim with a knife ( approximately 30 centimeters) with a knife for the main purpose.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes of police statement protocol to C
1. Article 3 (1) and (2) 1 of the Punishment of Violences, etc. Act and Article 283 (1) of the Criminal Act concerning the crime;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1548, Apr. 1, 2009);
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);