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 of the final judgment.
Punishment of the crime
On February 4, 2015, at around 03:40, the Defendant threatened the victim by inserting a knife knife, a deadly weapon, which was possessed by the victim and the victim in a scambling (C) with a deadly weapon (C.C. 36cm in the ccamba) located in B 4th of Gangseo-gu Seoul Metropolitan Government, with the expression “to throw away snow, to scam, and to die.”
Summary of Evidence
1. Defendant's legal statement;
1. Written statements prepared in D;
1. Police seizure records;
1. A report on the field of violence;
1. Application of Acts and subordinate statutes concerning evidence photographs;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;
1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [the scope of recommending punishment] No person who has no basic area (6 to 1.6 months) (6 months) of types 4 (Habitual Cumulative Offense, Special Intimidation) [decision of sentence] [decision of sentence] (decision of sentence] of the following circumstances and the defendant's age, character and conduct, environment, method of committing a crime, circumstances after committing a crime, etc., and all of the sentencing factors indicated in the records and arguments of this case including the records and arguments of this case, shall be determined as ordered
3. Unfavorable circumstances: The defendant's act of committing the crime of this case is not good in light of the method and contents of the crime, such as taking a knife knife, which is a deadly weapon, and threatening the victim as a result of a smoking problem in the PC room: The defendant is led to the crime of this case, and there is no record of punishment more than the suspension of execution.