폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
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 became final and conclusive.
Punishment of the crime
At around 02:00 on February 5, 2015, the Defendant: (a) sought a victim C(60 years of age) of the second floor of the building B in Gwangjin-gu Seoul Special Metropolitan City; (b) demanded a loan to repay the amount of KRW 30 million; and (c) demanded a small amount of loan; (d) the Defendant collected a salted with the small branch, and made a threat to “beated with the small branch” and “beated with the small branch; and (e) when the Defendant seems to display the disease, which is a dangerous object, and expressed the face of the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. Application of Acts and subordinate statutes to photographs damaged;
1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The mitigated area (Habitual, Cumulative, Habitual, and Special Violence) [Special Mitigation] [Decision of Pronouncement] of the mitigated area (4-1-2 months] [Decision of Pronouncement] of the Punishment of the Crimes in this case] The crime in this case is not good that the risk of the crime itself is high, but it is not good that the defendant recognizes and reflects the crime in this case, the defendant has no ability to punish more than a fine, the victim does not want the punishment of the defendant, the victim does not want the punishment, the age, family relationship, the background and progress of the crime, and the recommended sentencing guidelines set forth in the sentencing guidelines shall be determined by comprehensively taking account of the various sentencing conditions set forth in the arguments in this case, including the sentencing guidelines.