폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
A defendant shall be punished by imprisonment for six months.
However, 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
At around 00:10 on March 21, 2014, the Defendant stated that the victim D (the 50-year-old, inn, the 50-old bar operated by the victim D (the 50-year-old, inn) in Osan City, would keep the victim from suffering from drinking, thereby threateninging the victim into drinking, and again, other customers would put the knife (the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife).
In this way, the defendant threatened the victim with a deadly weapon.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. The Defendant alleged to the effect that he was in a mental and physical state under the influence of alcohol at the time of committing the instant crime. However, in light of the background leading up to the instant crime, the means and methods of committing the instant crime, and the circumstances after committing the instant crime, etc., the Defendant did not have the ability to discern things or make decisions by under the influence of alcohol at the time of committing the instant crime.
Since it is difficult to see that such assertion was in a state or weak condition, it shall not be accepted.
Application of Statutes
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;
1. Reasons for sentencing under Article 48(1)1 of the Criminal Act for forfeiture [type of crime] - Types 4 of violent crime group intimidation - Special intimidation (special person) mitigation element - mitigation element of punishment [the scope of territory and recommendation] mitigation area - From four months to one year of imprisonment [the decision of sentence] - 2 years of suspended sentence for six months - the above sentencing person and the same crime are sentenced to suspended sentence of imprisonment for the same kind.