폭력행위등처벌에관한법률위반(집단.흉기등협박)
1. The defendant shall be punished by imprisonment for six months;
2. One day under confinement prior to the rendering of a judgment shall be included in the above sentence;
3. Provided, That this shall not apply;
Punishment of the crime
The defendant was sentenced to 10 months of imprisonment by violating the Punishment of Violences, etc. Act at the Jung-gu District Court on June 1, 2001 and was sentenced to 6 times of violent crimes.
Around 18:50 on April 29, 2008, the Defendant, at the bus stops in front of the E convenience store located in Soyang-gu, Goyang-gu, Sungyang-si, and on the ground that the victim F (the age of 21) d f (the age of 21) f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement concerning F;
1. Photographs related to the case (the investigative record, the number of pages 23,24);
1. The defendant's defense counsel's assertion about criminal records at the time of the crime of this case stated that he was in a state of mental disorder or mental disorder by stating that he was in a state of mental disorder or mental disorder by being drunk at the time of the crime of this case. However, according to the evidence above, the defendant's defense counsel was found to have drank at the time of the crime of this case
The defense counsel's above assertion cannot be accepted as it seems to be in a state or weak condition.
Application of Statutes
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 53 and 55(1)3 of the Criminal Act for discretionary mitigation (including the following: (a) although there is a need for strict punishment in light of the fact that the defendant can have the same power for the defendant; and (b) the risk of the instant crime is very high; (c) the defendant reflects the mistake in depth; and (d) the circumstances leading up to the instant crime, and the fact that the defendant is an contingent crime
1. Article 57 of the Criminal Act including days of pre-trial detention;
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for discretionary mitigation mentioned in the preceding);
1. Order of community service;