폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
A defendant shall be punished by imprisonment for one year.
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 11:35 on October 22, 2013, the Defendant: (a) threatened the victims who drive away from the victim, and threatened the victims, respectively, by threatening the victims to drive away from the victim, on the ground that the victim D (n, 34 years of age), coming from the opposite side of the Defendant, coming to bad with the Defendant. (b) the victim E (n, 40 years of age), the victim E (n, 33 years of age), the victim F (n, 33 years of age), while threatening the victims to drive away from the victim, on the ground that the victim D (n, 34 years of age) coming from the opposite side would be bad with the Defendant.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to D, E, and F;
1. Seizure records;
1. Application of Acts and subordinate statutes on investigation reporting;
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;
2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.
3. Article 62 (1) of the Criminal Act (Consideration of sentencing)
4. Probation of the Criminal Act;
5. As to the defense counsel's assertion under Article 48 (1) 1 of the Confiscation Criminal Code, the defense counsel asserts that the defendant was in a state of mental disorder due to mental fission, etc. at the time of committing the crime in this case, so it is difficult to view that the defendant was in a state of mental disorder according to the records of this case, but the fact that the defendant was receiving treatment due to mental fission, etc. is found to have failed to have the ability to discern things or make decisions at the time of committing the crime in this case
The crime of this case in the reason of sentencing is a serious punishment against the defendant considering the following facts: (a) the defendant threatened the victims who passed by the defendant without any particular reason as they are in danger of them; (b) the nature of the crime is not good; and (c) it does not reach an agreement with the victims; (c) however, there is no record of criminal punishment as the first offender.