폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
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
[criminal record] The defendant is a person who was sentenced to a suspended sentence of two years in the six-month period of imprisonment with prison labor due to a violation of the Punishment of Violences, etc. Act (a collective, deadly weapon, etc.) at the Suwon District Court on October 11, 2007 and was committed four times before the same violent crime.
【Criminal Facts】
1. Around 22:20 on March 12, 2014, the Defendant, who violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) threatened a person related to de facto marriage (the age of 44) and a person related to de facto marriage (the age of 103) with a person related to de facto marriage (the age of 44), who is his/her own residence, with a view to putting him/her in his/her hand a cab, which is a dangerous thing in the place, and thereby putting him/her in his/her possession of it as his/her hand, and made intimidation.
2. The Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc. and damage) brought about a loss, which is a dangerous thing in the place, as his/her hand, in the time and place specified in paragraph (1) for the foregoing reasons, and thereby damaging the ancillary property by putting him/her into his/her hand abundled with a view to an aesthetic tool, cleaning machine, water purifier, etc. in that place.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. A photograph of the instrument of crime, and a damaged photograph;
1. Previous convictions in judgment: Application of criminal records and investigation reports (previous and attachment of judgment) and statutes;
1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act (the point of intimidation to carry dangerous articles), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act concerning a crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act has already been dealt with as a home protection case due to a crime of violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.). A criminal record related to violence has been four times, and the sentence is suspended twice among them.