폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
A defendant shall be punished by imprisonment for six 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
Although the Defendant demanded that the victim D(n, 51 years of age) be delivered, the victim refused this, and the victim was waiting for a clerical error in front of the entrance, as found in Suwon-gu E Apartment 101 Dong 503 around May 23, 2013 and around 08:00 around May 23, 2013.
The Defendant: (a) returned home after the victim her day, and she went into the house, and, (b) the victim she told the victim that she would not have his/her superior, and made the victim her speech at a corner; (c) the victim she saw, “I want to kill and die in the knife, she will die in the knife, she will die in the knife; and (d) the kitchen, which is a dangerous object in the knife, was 16.5 cm in the length of the knife, and threatened the victim by taking the attitude of her knife.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. On-site photographs;
1. Application of seizure records and photographs and Acts and subordinate statutes;
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;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;
1. The scope of punishment: Imprisonment for 6 months - 15 years;
2. Scope of the recommended sentence for the sentencing criteria: 4 months in prison, and one year; and
3. Determination of sentence: In the event that the scope of sentence recommended by the sentencing guidelines for the two-year period of suspended sentence for six months is inconsistent with the applicable sentencing guidelines, the scope of sentence shall be in accordance with the lower limit of the applicable sentencing in law, and according to this, the scope of sentence shall be six months of imprisonment - one year.
The defendant agrees with the victim for the positive reason of suspended execution.