폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
A defendant shall be punished by imprisonment for six 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 7, 2014, at around 00:50, the Defendant: (a) went to the Defendant’s house after having a verbal dispute with the Defendant at the Defendant’s house; (b) thrown away the house of the stronger in math; (c) taken a knife, which is a lethal weapon (16cm in blade, total length 28cm in math); and (d) found the victim’s house located in manpo City D in Mapopopoposi, and threatened the victim with the said knife by having the knife knife.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement to C by the police;
1. Application of Acts and subordinate statutes on seizure records and list of seizure;
1. Relevant Article of the Punishment of Violences, etc. Act: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act;
1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (i.e., grounds for considering the circumstances of the crime);
1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);
1. Confiscation: The sentencing guidelines for sentencing under Article 48(1)1 of the Criminal Act shall be imposed as ordered in consideration of all the following circumstances: The sentencing range [the scope of recommendations (the group of violent crimes, intimidation, type 4 (special intimidation), the mitigation area (special mitigation area), the revision of recommended and sentenced by the lower limit of the punishment in June (one year of imprisonment)] and the following circumstances. The favorable normal circumstances are recognized and reflected; the victim was not subject to the punishment of the defendant immediately after the crime; the victim was not subject to the punishment of the defendant; the victim was not subject to the punishment of the defendant; the victim was found to have no other criminal records other than the minor fine before 193; the possibility of recidivism is determined to be low in light of the motive of the crime or the age of the defendant: The case is not easy in light of the crime district: the victim's relationship with the victim; the circumstances after the crime; and the family relation of the defendant.