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 July 27, 2014, around 23:16, the Defendant: (a) at the “C” staff accommodation located in Jeju Island; (b) on the ground that the victim D (the victim D (the victim D) who is a working partner did not work for a shift time; (c) did not work for the said accommodation; and (d) sought the victim from the said accommodation and asked the victim about the situation, the Defendant threatened the victim by finding a knife knife, which was a deadly weapon in the Defendant’s accommodation plan, and citing the victim’s knife with the Defendant’s knife.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the D Written Statements, on-site CCTV reading photographs-related statutes;
1. Relevant Article of the Punishment of Violences, etc. Act: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act;
1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (i.e., grounds for considering the circumstances of the crime);
1. Suspension of execution: A suspended sentence shall be imposed as ordered in consideration of all the following circumstances, taking into account the scope of the recommended sentence [the scope of sentence [the crime group of violence, intimidation, type 4 (special intimidation), the area of mitigation (special mitigation): imprisonment for four months] and the area of mitigation] and the following circumstances on the grounds of sentencing under Article 62(1) of the Criminal Act (see Article 51 of the Criminal Act as stated in the grounds of sentencing) and all of the following circumstances. favorable circumstances: recognition of and reflects on the facts of crime; the victim does not want to be punished from the beginning; the victim does not want to be punished from the beginning; the victim does not have any intention to have actual harm; the normal circumstances that there is no same criminal record and there is no record of criminal punishment since 1997: In light of the criminal motive; other circumstances after the crime: