폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
A defendant shall be punished by imprisonment for not more than ten 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
The Defendant resided in the Young-do, Busan, and the victim D (V, 62 years old) and the victim E (V, 42 years old) were adjoining neighbors residing in F of the Busan, which were not suitable for the victims and appraisal by having a big frame for TV volume.
At around 08:00 on August 4, 2012, the Defendant: (a) took a dispute with the above E and TV volume problems before the Defendant’s residence; (b) took the house, and (c) took a kitchen (31cc in length) which is a dangerous object in the kitchen in which the Defendant living together with G, who is a female living together, was her female, and took a kitchen (31cc in length), which is a dangerous object in the kitchen from the above D; (c) and (d) took a kitchen with the entrance, the Defendant threatened the victims of play with a door door of the entrance of the amount of KRW 13,00 in the market value (20cm in a street, 80cm in length) by cutting the door door of the entrance (20cm in the house).
Accordingly, the defendant damaged the victims' property and threatened the victims by carrying dangerous articles.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police suspect interrogation protocol against the defendant or D;
1. Each police statement of H and G;
1. Photographs (knific photo, etc.);
1. Application of Acts and subordinate statutes to a report on investigation (such as attaching written estimates and photographs of the front door glass);
1. Relevant legal provisions concerning facts constituting an offense: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act and Article 283 (1) of the Criminal Act: Article 36 of the Criminal Act;
1. Aggravation of concurrent crimes: former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the long-term punishment for two crimes is aggregated);
1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (including the fact that the degree of damage caused by the instant crime is relatively minor and that the victims do not want the punishment by mutual consent);
1. Article 62 (1) of the Criminal Act (see Reasons for discretionary mitigation);
1. Order of social service is issued for the reasons under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc.