폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
A defendant shall be punished by imprisonment for not more than ten 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 July 18, 2015, at around 21:35, the Defendant: (a) placed the transition (the total length of 22.5cm, 12 cm and No. 1) which is a dangerous object on the back part of the victim C (the age of 36) prior to the D convenience store operated by the victim C (the age of 36) in the mountain area of the mountain area of the Republic of Korea (the age of 22.5cm, the blade length of 12 cm, and No. 1) and found the convenience store, and displayed the victim’s knife the knife on the part of the victim; and (b) expressed the victim’s attitude that “Is the knife will be well.” While drinking and drinking, Is the victim, who expressed the attitude that they would cause any harm to the body of the victim.”
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Statement to C by the police;
1. Records of seizure and the list of seizure;
1. Application of photographic Acts and subordinate statutes, such as scene of crime and seized articles;
1. Article 284 of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, the choice of imprisonment for a crime;
2. Article 62 (1) of the Criminal Act;
3. Probation, Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.
4. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;
1. Recommendations based on sentencing standards;
(a) Type IV (Special Intimidation for Habitual Offense) and the basic area (six months to one year and six months);
(b) No special person;
2. The Defendant cannot be deemed to have forged illegality by threatening a victim through excessive use of the same as indicated in its reasoning.
In addition, the victim did not agree with the victim.
However, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances: the defendant has been committed and led to a confession by committing a crime; there has been no criminal punishment other than twice a fine; there has been no criminal punishment as a violent crime; the defendant has been punished as a violent crime; and the defendant's age, character, conduct and environment, etc. have been shown in the arguments of this case