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
On February 1, 2015, at around 22:35, the defendant's house located in Daegu Dong-gu Balle 101 Dong-gu 602, the defendant demanded the victim C (the age of 38) who is undergoing the procedure for filing a divorce application as his wife to cancel his/her application for divorce by taking the victim's desire to do so, and the victim's refusal to do so, who gets the victim's hand from behind the victim, and gets the victim's chest by taking the victim's hand in his/her hand, and takes the victim's breast with his/her own kitchen, which is a deadly weapon in his/her own kitchen (the total length of 30cm, the blade-day length of 18C), and threatened the victim by threatening the victim's ship and part of the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Bridges and photographs used in committing the crime;
1. Application of Acts and subordinate statutes of the family environment survey report;
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 (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Reasons for sentencing under Article 62-2(1) and the proviso to Article 62-2(2) of the Criminal Act on Probation [Scope of Recommendation] There is no basic area (6 to 1.6 months) (6 months and 6 months) of the crime (decision of sentence] (decision of sentence] of the crime of this case is a case in which the victim is threatened by the kitchen, which is a deadly weapon, and the nature of the crime is bad and dangerous.
However, the punishment as ordered shall be determined in consideration of all the sentencing conditions, such as the defendant's age, character and conduct, environment, motive or circumstance of the crime, means and consequence, etc., and the fact that the defendant has committed the crime of this case, the fact that the defendant has completed a divorce report with the victim, the defendant has no criminal record exceeding the fine, and the defendant has no criminal record other than the fine.