폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
A defendant shall be punished by imprisonment with prison labor for up to 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
Around October 2, 2013, the Defendant, who was in a de facto marital relationship, had been under a de facto marital relationship with another man and vehicle, had the victim injured the victim two weeks of caution by reporting the appearance of being accompanied by another man and vehicle, making the victim's face by drinking, etc., and was subject to investigation by the Jeonnam Police Station in this case.
At around 22:30 on December 5, 2013, the Defendant: (a) taken a e-cafeteria of the victim’s workplace E-cafeteria located in Jeonnam-si on the ground that the victim did not reach an agreement on the said case, unlike the promise of the victim; (b) taken a e-mail, and found two kitchen knife (30cm in the blade length, 15cm in the length of the knife), which is a deadly weapon, into the e-mail; and (c) threatened the victim with “this e-mail, the knife, the knife, and the knife”.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of C;
1. Application of the Acts and subordinate statutes concerning deadly weapons and photographs carried by the suspect;
1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act and Article 283 (1) of the Criminal Act concerning the crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The reason for sentencing under Article 62(1) of the Criminal Act (amended by Presidential Decree No. 1850, Apr. 1, 2007) is that the Defendant had a kitchen gate at the time of the instant crime, and had a kitchen gate at the time of the instant crime. However, the Defendant actually did not use it as a tool of intimidation against the victim, the relationship with the victim who has maintained de facto marital relations was organized and agreed, the victim wanted to take the Defendant’s wife, and all other factors of sentencing, including the motive and background leading up to the instant crime, the Defendant’s age, character and conduct, and the environment, shall be determined in consideration of the overall factors of sentencing.
It is so decided as per Disposition for the above reasons.