폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.
Punishment of the crime
1. Around 22:00 on March 18, 2013, the Defendant, as a neighbor, entered into a way to see the victim’s house located in D when the victim C (n, 78 years of age) who was not a good letter between the Defendant and the Defendant, by drinkingly visiting the house in D at the time of resident residence, and then leaving the knife with a knife (16cm in blade length) which is a dangerous object prior to the Defendant, thereby threatening the victim by saying that the victim will be killed.
2. Around 07:00 on March 19, 2013, the Defendant received a visit from the Defendant during the commission of the crime under paragraph (1) at the above location, on the grounds that the victim was aware of the above day before the Defendant, and knife a knife, which is a dangerous object, and expressed the victim’s attitude as knife that knife knife knife knife knife.
Summary of Evidence
1. Statement by the defendant in court;
1. Police suspect interrogation protocol of the accused;
1. Statement to C by the police;
1. Application of each statute on photographs;
1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act as to facts constituting an offense, and Article 283 (1) of the Criminal Act [Article 10 of the Criminal Act shall not apply since it is recognized that the defendant is drunk at the time of the act stated in paragraph (1) of the crime, but it cannot be deemed that the defendant does not have the ability to discern things or make decisions, or that the defendant did not have the ability to discern things
1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act [Article 53 of the Criminal Act shall not apply since the victim was unable to receive any remedy from the victim, even though the victim was not less likely to suffer any injury, such as mental or medical treatment, due to the shock of threats];
1. Article 62 (1) of the Criminal Act on the stay of execution (no criminal record exists against the defendant for the last seven years, nor has the power to punish the defendant exceeding the fine due to the same crime);
1. The Act on Probation, etc.;