폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is a person who operates a general restaurant in the name of “D” in the vicinity of the border line B in Mapo-gu Seoul Metropolitan Government.
At around 10:00 on October 26, 2012, the Defendant: (a) stated two blades (40cm in length) used at the restaurant site in each knife knife and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife, knife knife knife knife knife knife knife knife knife knife knife knife knife knif.
Accordingly, the defendant carried a deadly weapon and threatened 11 persons such as victim E.
Summary of Evidence
1. Partial statement of the defendant;
1. Each police statement of E and P;
1. Application of Acts and subordinate statutes on police seizure records;
1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act and Article 283 (1) of the Criminal Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Discretionary mitigation (the following grounds for sentencing) Articles 53 and 55 (1) 3 of the Criminal Act;
1. Article 62 (1) of the Criminal Act (the grounds for sentencing as follows)
1. Reasons for sentencing under Article 48(1)1 of the Criminal Act for forfeiture [the Decision of Punishment] Special Intimidation (Assault) [the scope of recommending punishment] from June to one year and six months (basic area] of the Criminal Act (the Decision of a sentence] is a serious criminal offense committed by the defendant, who is a deadly weapon, in intimidation, against the victim.
However, the defendant is divided, and the victim's work experience expressed his/her intention not to punish the victim, and there are reasons to consider the degree of damage, the motive of the crime, and other circumstances such as the defendant's age, character and behavior, environment, and conditions after the crime.