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 became final and conclusive.
Punishment of the crime
At around 03:31 on January 28, 2013, the Defendant, while drinking alcohol at “Dju” located in Nam-gu Incheon Metropolitan City, sent a voice that the victim E (n, 30 years of age) who is an employee of the said place, “I will wait before the female employee’s house, or will not engage in any conduct such as telephone, etc.” to the victim, saying, “I will die, I will am back, I will am back, I will am back, and let the victim take a beer’s disease, which is a dangerous object on the customer’s seat, and then, threatened the victim by spreading it.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E and F;
1. Application of statutes on field photographs;
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. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see the following reasons for sentencing):
1. Article 62(1) of the Criminal Act (see the following reasons for sentencing) provides that the nature of the crime is not good in that it threatens the victim by impairing beer disease, which is a dangerous object of the defendant for the reason of sentencing.
However, a suspended sentence of imprisonment with prison labor shall be imposed within the scope of the mitigated sentence, taking into account various sentencing conditions, such as the defendant's age, environment, etc., where the defendant has led to the confession of the crime of this case and has no record of being sentenced to suspension of qualification or heavier punishment, and the victim does not want the punishment of the defendant.
It is so decided as per Disposition for the above reasons.