폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
A defendant shall be punished by imprisonment for not less than eight 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
1. On June 6, 2014, the Defendant asserted that the victims were unable to smoke in front of Seongdong-gu Seoul, Seongdong-gu, Seoul, and raised a trial fee to the victims. Around five times the face of the victim C (the age of 16) with his own left hand.
The defendant continued to spit the victim D (the age of 15) on the ground by reporting spits or spits the victim D with the left hand, making two times the face of the victim D on the left hand, and made the part of the victim E (the age of 15) a left part of the victim E (the age of 15) with a cigarette spit.
Accordingly, the defendant assaulted victims.
2. The Defendant violated the Punishment of Violence, etc. Act (a collective action, deadly weapons, etc.) lent excessive (a total length of about 20cc, about 10cc, about knife length) to the tenants living on the floor of the building in which the Defendant is living, and displayed before the victims, at the time and place specified in paragraph (1) above.
Accordingly, the defendant carried dangerous articles and threatened victims.
Summary of Evidence
1. Defendant's legal statement;
1. Each police protocol against C (No. 10, 12 No. 10, 12), D, and F;
1. Police seizure records;
1. Application of statutes on field photographs of victims and suspects;
1. Article 260 (1) of the Criminal Act related to the crime, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Type 4 (Habitual Offense, Cumulative Offense, Special Intimidation) and the basic area (6 months to 6 months) of the crime (a special person) (a person who has been sentenced to punishment) of the crime;
2. Type 1 (General Violence) and the basic area (two to ten months) of the second crime (a person who has been specially punished).
3. The scope of the final sentence due to the aggravation of multiple offenses: six months to one year [Pronouncement Decision]; the Defendant committed the instant offense in the process of trial surrounding victims and tobacco.