폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person in a de facto marital relationship with the victim C.
The Defendant, while drunk around 17:00, around May 2015, 2015, brea the head of the victim 2:3 times by drinking on the ground that the victim was under the influence of alcohol in the dwelling of the Defendant in Guro-gu Seoul Metropolitan Government D1stro, and then taken the kitchen knife, which is a deadly weapon in the kitchen, and the kitchen knife in the kitchen.
In other words, the victim threatened the victim, such as threatening the victim to “picker and deader,” and threatening him.
Summary of Evidence
1. The legal statement of the witness C;
1. The application of the law to the police statement protocol on C (the defendant's assertion is not accepted because the above facts constituting the crime are sufficiently recognized according to the submitted evidence).
1. Article 284 and Article 283 (1) of the Criminal Act applicable to the facts constituting an offense (or choice of imprisonment);
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Where the scope of the recommended punishment [the scope of the recommended punishment] for the sentencing guidelines is reduced [the scope of the recommended punishment] for the crimes of intimidation (Habitual, repeated, and special intimidation)] (4 months to 1 year] for the mitigation area (4 months to 1 year), the punishment not for the person subject to special mitigation [including serious efforts to recover damage], or considerable damage has been restored;
2. In light of the circumstances leading up to the Defendant’s determination of sentence using the kitchen knife, which is a deadly weapon, the nature of the crime is not good. However, given that there was no special damage to the victim due to the instant crime, and there was no punishment for the Defendant, the Defendant’s age, sex, environment, etc., and the sentencing conditions stipulated in Article 51 of the Criminal Act, including the Defendant’s age, sex, environment, etc., the sentence shall be determined within the scope of the recommended sentence