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 two years from the date of the final judgment.
Punishment of the crime
Around April 2007, the Defendant leased and operated the “E” pharmacy owned by the Plaintiff C (V, the age of 66)’s son. Around January 2013, when the above pharmacy transferred its ownership to a third party by auction, the Defendant filed a lawsuit against D for the return of security deposit against D, and thus, it was not good between the victim and the victim.
Around 13:40 on November 9, 2013, the Defendant, at the top of G Hospital located in the F at Scambaly, told the victim to “any knife a single knife, a knife, a knife, a knife, a knife, a knife, a knife, a knife, a knife, a knife, a knife, a knife, a knife, a knife, a knife, a knife, a knife, a knife, a knife, a knife, a knife, a knife”.
Accordingly, the defendant carried dangerous objects and threatened the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement to C, I, and J;
1. Application of Acts and subordinate statutes on police 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. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);
1. Article 62 (1) of the Criminal Act (The following factors for sentencing have been repeatedly taken into consideration for the defendant);
1. According to the sentencing guidelines for sentencing under Article 62-2 of the Criminal Act on probation and community service order, the defendant is recommended to be sentenced to six months to one year and six months (the recommendation of the basic area of the crime type (no special person)). The defendant is considered as the grounds for sentencing disadvantageous to the defendant, which is disadvantageous to him by using a knife.
However, it shall be taken into account the sentencing factors favorable to the accused that there is no criminal records, in addition to a single fine due to the confession of the accused or the violation of Pharmaceutical Affairs Act.
(2).