폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
A defendant shall be punished by imprisonment for not less than eight months.
Punishment of the crime
[Criminal Power] On May 27, 2011, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (Habitual Violence) at the Incheon District Court on May 27, 201 and completed the execution of the sentence on October 22, 2013.
【Criminal Facts】
At around 22:50 on July 11, 2014, the Defendant: (a) stated that the Defendant would bring alcohol to the victim within the “Duds” operated by Kimpo-si, Kimpo-si, 49 years of age; (b) however, the Defendant was refused to do a dispute with the victim; (c) took place with the victim; (d) took a dangerous thing on a singing-to-face table (the total length of 24cm and 11cm in length), which is a dangerous thing on a singing-to-face table; and (e) took a knife a dangerous thing on a singing-to-face table, driving away from the victim outside the knife, and threatened the victim by turning the above excessive amount into a shoulder, as the victim was with a knife.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. Excessive photographs;
1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment of relevant judgments, etc.);
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. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;
1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (including the reflection of the accused, etc.) for discretionary mitigation;
1. Application of the sentencing criteria [type of crime] domestic violence, intimidation, habitually, repeated crime, special intimidation (special sentencing) (special sentencing factors): Aggravation area of the same repeated crime (determination of the recommended area and the scope of recommendations): 8 months to 2 years; and
2. The decision of sentence has the record of having been sentenced several times for the same criminal records, and the defendant committed the crime of this case during the repeated crime period, and has not been restored to damage. The defendant's name and reflects the time of the crime by the investigative agency, and other factors of sentencing in the process of trial including the defendant's age, environment, etc., shall be determined as ordered by considering comprehensively the various factors of sentencing as shown in the records of this case and the trial.