폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On September 6, 2013, at around 21:00, the Defendant threatened the victim E, who was using the knife knife (the total length of 30cc, 18Cm), a deadly weapon (the knife length of 30cc, 18Cm) located in the main restaurant located in the nearby restaurant located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, with the victim E, who was using the Defendant’s friendship with the Defendant’s friendship and trial expenses, “Yek, E, the knife, and the knife.”
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the interrogation of suspects of E;
1. Application of Acts and subordinate statutes on seizure records;
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. The Defendant asserts to the effect that the Defendant’s act constitutes a legitimate act or self-defense as a passive resistance against the victim’s assault.
Although the Defendant reported the form of his pro-Japanese D and the victim committed the instant crime, the Defendant himself appears to have never committed an assault against the victim (a.e., the statement made by the Defendant and the police of the victim is consistent with the Defendant), even when considering the method and degree of the victim’s assaulting D, the Defendant’s act of threatening the victim by using a knife and threatening cannot be deemed as constituting a legitimate act or self-defense.
Therefore, the above argument is not accepted.
The sentence of suspended execution shall be imposed in consideration of the fact that the defendant was punished for the same kind of crime, but contingently, the fact that the defendant committed the crime of this case, the fact that the knife leads to the crime of this case, the fact that the victim is not aware of his behavior, the fact that all of the crimes are divided, and the victim does not want the punishment of the defendant.