폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
A defendant shall be punished by imprisonment for one year.
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
1. Around 21:30 on October 4, 2014, the Defendant assaulted the victim D (35 years of age) by breath’s hand on the ground that he was under the influence of alcohol in “Catt” located in the Busan YY-gu, Busan, and thus, the victim D (35 years of age was under the influence of alcohol) recommended the Defendant to “I return to the dormitory only because I would have been under the influence of alcohol.”
2. Around October 22, 2014, at the place indicated in Paragraph 1, the Defendant, at around 22:20 on October 4, 2014, went home to a company dormitory on the ground that the victim D (year 35) forced the Defendant under the influence of alcohol and forced him to return home to the company dormitory, thereby leaving the victim a knife (32 mm) that is a dangerous object prepared in advance, and, at a hump, put the victim into a hume, “the victim is not a chump or bitch bitch.” The Defendant expressed the victim’s desire to “Ni
Summary of Evidence
1. Examination protocol of the accused;
1. The written statement of D and the application of the Acts and subordinate statutes governing seized knife photographs;
1. Relevant Articles 284, 283 (1), and 260 (1) of the Criminal Act concerning the facts constituting an offense, the choice of imprisonment
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Article 62 (1) of the Criminal Act;
1. For the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, Article 48(1)1 of the Confiscation Criminal Act: Article 48(1)1 of the Criminal Act provides that the execution of imprisonment shall be suspended in consideration of the following: (a) the scope of the second crime that has no basic area (6 to 1.6 months) [the scope of the recommended sentence] (6 to 10 months) of the first category of the assault crime (general violence) and the basic area (2 to 10 months) of the second category [the special person] of the second category of the assault crime; (b) the scope of the final sentence due to the aggravation of multiple crimes: June to 11 [the decision of the sentence] of the crime; (c) there is no particular criminal history; (d) there is no contingent crime; (d) the defendant is against the status of a foreigner; and (e) the defendant appears to have been forced to depart after the occurrence