폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On May 1, 2014, at around 15:30, the Defendant reported that the Defendant was living together with B in a de facto marital relationship with the Suwon-si, Suwon-si, five Dong 101, B and the victim D (30 years of age).
Accordingly, the Defendant cited excessive (21cm in total length, 9cm in blade) which is a dangerous object that was put in the front string of flat vehicles, and told the victim out of the room to enter the room, and called “the victim out of the room.”
Accordingly, the defendant carried dangerous objects and threatened the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the police statement law to D;
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. Grounds for sentencing under Article 62-2 of the Criminal Act on probation and community service order;
1. Scope of applicable sentences under law: Six months to fifteen years; and
2. Scope of the recommended sentence for the sentencing guidelines [decision of types] the scope of the recommended sentence for the sentencing guidelines, the group of violent crimes-special intimidation [the scope of the recommended sentence] mitigated area (six months of imprisonment (revision by the lower limit of the punishment by law), or one year of imprisonment]: A person not subject to punishment;
3. The decision-making defendant, who has committed the instant crime under the influence of alcohol, shall be determined as ordered within the scope of recommendations, taking into account the fact that the defendant was under the influence of alcohol and the victim did not want the punishment of the defendant; and