폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Punishment of the crime
1. On June 30, 2013, at around 10:30, the Defendant: (a) taken a taxi driver, a taxi engineer, in front of the D High School located in Chuncheon City, on the road; and (b) was unaware of the said victim as if he did not have the intent or ability to pay the fee even if he used the taxi, and had the said fee paid; and (c) was deceiving the said victim as if he did not have the intention or ability to pay the fee; and (d) around 20:30 on the same day, the Defendant used the said taxi to the front road of the Defendant located in G in the same city and did not pay the fee of KRW 185,00 in the amount of KRW 185,00.
Accordingly, the defendant, by deceiving the victim, acquired property benefits equivalent to the above amount.
2. On July 1, 2013, at around 02:28, the Defendant: (a) demanded the payment of the fare from the above E (the age 52) who was waiting before the said House in order to receive the taxi fee that did not receive as described in paragraph (1) from the front of the said Defendant’s home; (b) entered the house; (c) knife knife (7 cm in length, 10 cm in hand, and knife knife knife knife knife knife knife knife knife knife knife knife
Accordingly, the defendant threatened the victim with a deadly weapon.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of H and E;
1. Records of seizure and the list of seizure;
1. The defendant and his defense counsel asserted that the defendant was in a state of mental and physical disability under the influence of alcohol at the time of the crime of this case. Thus, even though the defendant was found to have drinking at the time of the crime of this case, considering the circumstances such as the circumstances leading to the crime of this case and the defendant's behavior before and after the crime of this case, it cannot be deemed that the defendant did not have the ability to distinguish things at the time of the crime of this case, and thus, the above assertion by the defendant and his defense counsel is not sufficient.