폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On June 9, 2014, the Defendant: (a) laid down a tree log and kidd a victim D, his father, the father of the Defendant at night before Ulsan-gu, Ulsan-si; (b) 54 years old; and (c) laid down the tree log at night and slicked the victim at the above location, and met the victim at the above location.
On the other hand, meals and hedging with the victim, and then the victim's behind it was frighted, which is a dangerous object that the victim prepared in advance in order to put the victim hotly (30 cm in total) to the victim, and the victim was threatened.
Summary of Evidence
1. Statement by the defendant in court;
1. Seizure records;
1. Application of Acts and subordinate statutes on the statement protocol to D;
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;
1. Reasons for sentencing under Article 62(1) of the Criminal Act (the following factors favorable to the sentencing)
1. The scope of punishment by law: Imprisonment for not more than seven years;
2. Scope of the recommended sentences according to the sentencing criteria;
(a) Type IV (Habitual, repeated, and special intimidation) of the basic area (from April to one year);
(b) Special mitigation: A person who is not subject to punishment, or a victim who is in existence (aggravating);
3. Determination of sentence: In the case of six months of imprisonment and one year of suspended sentence, the defendant threatened the victim who is still in existence with a view to threatening him/her to commit the crime of this case, but the defendant is somewhat contingent, the defendant is not guilty of committing the crime of this case, the defendant is not guilty of punishing him/her, the victim is not guilty, the defendant's health, and his/her previous conviction (one time of punishment). It is so decided as per Disposition as above on the grounds that the above decision of sentence is higher than the decision of punishment.