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 July 6, 2015, the Defendant, at around 10:53, 2015, stated that, on the ground that the victim E (the age of 47) was not repaid the money borrowed from the D party branch located in the D party branch located in the Dobong-gu Seoul Metropolitan Government Ctaro 1 floor, the Defendant did not pay the money, and the Defendant, who, on his own account, took the gas gun (the total name: Madro 5) which is a dangerous object within the Defendant’s bank, the Defendant provided the victim with the gas gun (the total name: Madro
Accordingly, the defendant carried dangerous articles and expressed his attitude that he would inflict any harm on the life or body of the victim, and threatened the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes concerning police statements to E;
1. Relevant Article of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, the choice of imprisonment for a crime;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act [Scope of Recommendation] : The sentencing range compared with the sentencing range under Article 48(1)4 of the Criminal Act, which is based on the basic area (6 to 1.6 months), and the sentencing range under Article 48(1)1 of the same Act (6 to 1.6 months): The Defendant’s liability for the crime is not easy in light of the following: (a) the act of gas guns is bad in terms of the nature of the crime; (b) the act of gas guns is not agreed with the victim; and (c) the victim wants to be punished by the Defendant.
However, all of the crimes of this case were committed by the defendant, and the victim was the person who was the perpetrator of the defendant, and the victim was the victim who was the victim, but the victim had a claim to suppress him, but the victim was forced to commit the crime of this case, and the defendant was forced to be injured by the victim as much as he would employ a guard and act for himself, and the punishment as ordered shall be determined by taking into account the defendant's age, character, character and environment, motive, means and consequence of the crime, circumstances after the crime, etc., as well as the sentencing conditions specified in the arguments of this case.