폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is the victim D (math, 46 years of age) and the husband and wife.
1. Around 21:00 on January 16, 2013, the Defendant, on the ground that the victim demanded divorce from the E Apartment 110 Dong Dong 1301, Yeonsu-gu, Incheon, Yeonsu-gu, Incheon, the Defendant: (a) sent the victim’s head several times due to drinking, and (b) expressed the knife knife for kitchen, which is a dangerous object, to the victim’s item, and threatened the victim.
2. On January 24, 2013, at around 23:00, the Defendant, at the above residence, threatened the victim by saying, “the deceased” as being brupted in the victim’s item and threatening the victim.
3. On April 16, 2013, at around 22:30 on April 16, 2013, the Defendant committed assault against the victim while walking back his head and side fright of the victim due to knife and flick.
4. On April 30, 2013, the Defendant: (a) on April 30, 2013, while entering the divorce and division of property in the above residence, the victim demanded the return of the income-related documents; (b) made a visit to the scene; and (c) obstructed the victim with the wall, and committed assault against the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness D;
1. Application of the police protocol of statement to F;
1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act as to the crime, Article 283 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, and Article 260 (1) of the Criminal Act (the point of assault and the choice of imprisonment) of the same Act;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Probation and Social Service Order (a favorable circumstance to the defendant) was partially deposited for the victim that there was no past record of suspended execution, and thus, the above crime will be prevented.