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 of the final judgment.

Punishment of the crime

1. 폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박) 피고인은 2014. 6. 16. 20:30경 전남 장흥군 B에 있는 'C' 식당 안에서, 피해자 D(33세)이 피고인을 쳐다보았다는 이유로 피해자에게 “씨벌놈아, 뭘봐”라고 욕설을 하고 탁자 위에 놓여 있던 위험한 물건인 가위(길이 약 25cm)를 집어 들고 피해자에게 다가가 피해자의 배를 향하여 들이대면서 마치 찌를 듯한 태도를 취하였다.

Accordingly, the defendant carried dangerous objects and threatened the victim.

2. Following the assault, the Defendant followed the Defendant outside of the above C cafeteria at the time and time, followed by the victim D(33 years of age) and scam, and caused the victim's scam on one occasion with the victim's hand.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Application of the photographic Acts and subordinate statutes;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 283 (1) of the Criminal Act, and Article 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment with labor);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. The basic area (six months to one year and six months) of the violation of the Punishment of Violences, etc. Act (referring to the scope of recommendations) (referring to repeated crimes, repeated crimes, special intimidation) and the basic area of such crime;

2. Violence [Limits of Recommendation] There is no person who has a basic sphere (two to ten months) (the scope of revised recommendation) of category 1 (the general assault) (the period of two to one month) [the person who has a special offender] [the scope of the revised recommendation] from June 6 to November 1 [the scope of sentence for intimidation, such as group, deadly weapon, etc. (the scope of sentence for intimidation)].