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(영문) 인천지방법원 2014.07.23 2014고단2837
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 27, 2014, at around 19:25, the Defendant, while drinking alcohol at D’s restaurant located in Bupyeong-gu Incheon Metropolitan City, threatened the victim E (n, 37 years of age) who is a customer, and female 8 years of age, who was working in F, with the Defendant, with a view to getting the victim’s face by taking out gas guns, which are dangerous objects in possession, and going to the victim’s face, and thereby, threatened with the Defendant, such as “I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. and am. I do am. I do am. I am. I am. I do am. I do am. I do am. I do am.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the records of seizure and the list of seized articles;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning a crime, Article 283 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act for forfeiture [Scope of Recommendation] No basic area (6 to one year and six months) (6 months) of Types 4 (Habitual Cumulative Offense, Special Intimidation) [Determination of Sentence] [Judgment of Sentence] (Article 48(1)1 of the Criminal Act for the crime of using dangerous articles such as gas guns, the liability for the crime is unlimited, the defendant has no obvious criminal record other than minor fine, the defendant has a depth of the crime, and other conditions of sentencing under Article 51 of the Criminal Act, such as the defendant's age, character and conduct and environment, shall be determined within the scope of the sentence for recommendation, taking into consideration the sentencing

It is so decided as per Disposition for the above reasons.

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