폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On July 1, 2014, around 19:40, the Defendant, on the ground that the computers of the guest rooms administered by the Defendant at the coffee shop of the first floor of the Domoto-si, Mapoto-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, were not operated, thereby cutting down the title of the victim E (the age of 37) to the left arms, and then, the Defendant, “I wish to kill.” The Defendant, as a dangerous thing, carried out the brush and acting as a brush part of the above brush in the part of the victim.
Accordingly, the defendant carried dangerous objects and threatened the victim.
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. Application of the Acts and subordinate statutes governing the photograph of a criminal tool, a brush photograph, and a suspect image taken in CCTV;
1. Articles 3(1) and 2(1)1 of the former Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Article 283(1) of the Criminal Act concerning criminal facts
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);
1. Article 62 (1) of the Criminal Act (Consideration of sentencing)
1. Probation under Article 62-2 of the Criminal Act;
1. Grounds for sentencing under Article 48 (1) 1 of the Criminal Act;
1. Determination of types of crimes: Types 4 (Special Intimidation).
2. Determination of the scope of sentence: Basic area, six months to one year and six months (no special person shall be punished);
3. Determination of sentencing and suspended execution shall be determined by discretionary mitigation within the scope of sentencing guidelines in consideration of the fact that the accused acknowledges and reflects his/her mistake, the fact that the accused appears to be an contingent crime, the fact that there is no record of criminal punishment exceeding the fine, the age, character and conduct, etc. of the accused, and the execution thereof shall be suspended on condition of probation;