폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
A defendant shall be punished by imprisonment for not less than eight months.
except that 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
On September 16, 2014, the Defendant: (a) around 16:25, 16:25, Masan-si, Simsan-si, Simsan-si, Masan-si; (b) performed the act of drinking alcohol to “D” operated by the victim C (the age of 56), using the kitchen gate, which is a dangerous object prepared in advance by the victim C; and (c) using the kitchen gate, such as the access of the victim, and performed the act.
Accordingly, the defendant carried dangerous objects and threatened the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Application of the photographic 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 201Do111, Jan. 1, 201>
1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);