폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
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 this judgment becomes final and conclusive.
Punishment of the crime
1. On December 27, 2012, the Defendant, who was in an internal relationship with the victim B and was found in the D restaurant where the Defendant’s wife E works at permanent residence C around 20:50 on December 27, 2012, and attempted to see the true relationship with the Defendant, the Defendant threatened the victim by stating, “A knife (the length 30cm) of knife, which is a dangerous object stored in the Defendant’s vehicle on the ground that the victim would be in her own vehicle, but on the ground that the victim would refuse it, knife the knife (the knife knife knife knife knife).”
2. On March 30, 2013, the Defendant: (a) on the ground that the Victim B was required to hedge at the G University playground located in F at a permanent residence of 20:00 on March 30, 2013; (b) on the ground that the Victim B was flicked, the Defendant flicked the Victim’s disease, which is a dangerous object; and (c) on the ground that “the Victim B was flick with his head of the match
Summary of Evidence
1. Defendant's legal statement;
1. Application of each police protocol of statement to B
1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, and Article 283 (1) of the Criminal Act;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);
1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);
1. The reason for sentencing under Article 62-2 of the Social Service Order Act is the case where the mitigated area (4 to 1 year), the mitigated area (4 to 1 year), the punishment (including serious efforts to recover damage), or considerable damage has been recovered from the mitigated area (4 to 4 years), the mitigated area (4 to 1 year), or the mitigated area (4 to 4 months and 1 year), the mitigated area (4 to 4 months and 1 year), the mitigated area (4 to 4 months and 1 year), or the damaged area (including serious efforts to recover damage) of the mitigated area of the crime;