폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
A defendant shall be punished by imprisonment for not less than eight months.
Punishment of the crime
[Criminal Power] On January 4, 2012, the Defendant was sentenced to one year of imprisonment with prison labor due to an injury, etc. at the Seoul Southern District Court on November 29, 2012 and completed the execution of the sentence in the Ansan Prison on November 29, 2012.
【Criminal Facts】
On September 20, 2013, the Defendant: (a) around 08:10 on September 20, 2013, at the nearest area of Yeongdeungpo-gu Seoul Yeongdeungpo-dong 618-496 Yeongdeungpo-gu, Yeongdeungpo-gu, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, 196, broken the beer’s disease, which is a dangerous object, and used the beer’s disease to the victim C (58 years old), and threatened the victim by taking advantage of the victim’s reputation.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Previous convictions: Application of the Act and subordinate statutes concerning criminal records and investigation reports;
1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, Article 283 (1) of the Criminal Act;
1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;
1. The sentencing reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act ( Taking into account that the Defendant’s mistake is against the Defendant’s own fault) has a record of having been punished several times for the same type of crime. In particular, after having been sentenced for the same kind of crime, the sentence is inevitable to punish the instant crime during the repeated crime period, taking into account the Defendant’s age, character and conduct, and environment, and all of the sentencing conditions shown in the records and arguments of the instant case, such as the Defendant’s age, character and conduct, and environment,