폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
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
At around 20:00 on October 7, 2013, the Defendant threatened the victim by having a knife (1.5cm length x 10.5cm in knife length x 10.5cm in knife), which is a dangerous object being kept in the kitchen, on the ground that the victim D (the 64 years of age) flife in the C cafeteria operated by the Defendant, while drinking and drinking by the Defendant.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of seizure records and blades statutes to be used by suspects;
1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 283 (1) of the Criminal Act;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered favorable circumstances among the reasons for the punishment in prison);
1. Article 62 (1) of the Criminal Act on the suspended execution ( normal consideration of the favorable reasons for the suspended execution);
1. Social service order under Article 62-2 of the Criminal Act;
1. The reason for the sentencing of Article 48(1)1 of the Confiscation Criminal Act [the decision of a sentence] is for habitual crime, repeated crime, special intimidation [Special Convict] [including a serious effort to recover damage], or considerable damage has been restored [the scope of the recommendation field] mitigation area / [the range of punishment] four months to one year [the decision of a sentence] imprisonment / 8 months] / suspended execution / the act of the defendant in the victim's knife in the victim's knife in the body of the victim in the year of suspended execution 2 years]. However, the defendant appears to recognize and reflect his mistake properly, the defendant agreed smoothly with the victim, the defendant did not have any criminal power above imprisonment without prison labor, and all other circumstances as provided in Article 51 of the Criminal Act, and the suspended execution was decided and decided.