폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Punishment of the crime
On March 28, 2013, at around 11:35, the Defendant, within the “C” parking lot of the Incheon Gyeyang-gu Incheon Gyeyang-gu, performed flabing with the victim D(50 years of age), and flabing one another. The Defendant, in drinking, threatened the victim with a brick, which is a dangerous object, one time at the right side of the victim, and one time at the right side of the victim, and threatened the victim with a view to threateninging the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E;
1. Application of Acts and subordinate statutes to photographs of damaged areas;
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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2006Da1548, Apr. 2, 2006)
1. Article 62 (1) of the Criminal Act on the suspension of execution;