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 this judgment becomes final and conclusive.

Punishment of the crime

1. 폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박) 피고인은 2013. 7. 14. 03:40경 대구 서구 B에 있는 C 식당에서 식사를 하던 중, 식당 밖에서 택시를 운전하던 피해자 D(54세)이 경음기를 눌렀다는 이유로 화가 나 위 식당 밖에서 피해자에게 “와 클랙슨을 치노”라고 하며 욕설을 하고 얼굴에 침을 뱉고 위험한 물건인 깨진 소주병을 손에 들고 피해자에게 “이 새끼 때려 죽인다”라고 위협하였다.

2. The Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc. and damage, etc.) caused the damage to the entrance door of the restaurant, which is the victim’s ownership, by unloading the window of the entrance of the above restaurant from the main ward, which is a dangerous article possessed by the victim E, at the time and place set forth in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

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

1. On-site photographs;

1. Application of Acts and subordinate statutes to a investigation report (limited to a written estimate to be attached to a damaged glass);

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 283 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Deadly Weapons; Article 366 of the Criminal Act;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the violation against the defendant and the agreement with the victim of damage to property);

1. Probation and community service order shall be decided as ordered by the court on the grounds of Article 62-2 or more of the Criminal Act;