Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On May 10, 2014, at around 17:05, the Defendant interfered with the business, at E-cafeteria operated by the victim D(73 years of age) located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, the Defendant: (a) expressed the victim’s desire to take a bath; (b) pots owned by the victim, displayed in front of the said restaurant, and walking the pots and sprinks out of the restaurant, thereby obstructing the victim’s business by force.
2. 폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박) 피고인은 전항과 같은 날 18:15경 같은 장소에서, 피해자가 피고인의 행위를 경찰에 신고한 것에 대해 화가 나 그곳에 있던 위험한 물건인 식칼(칼날길이: 19cm)을 들고 피해자를 향해 겨누면서 “그까짓거 같고 뭘 신고해, 너 오늘 죽여버린다”라고 말하였다.
Accordingly, the defendant carried dangerous objects and threatened the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to D or F;
1. Application of Acts and subordinate statutes on seizure records and list of seizure;
1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, Article 314 (1) of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act, Article 283 (1) of the Criminal Act, the selection of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of the sentencing guidelines set forth in the sentencing guidelines [the scope of the sentencing guidelines] the scope of the sentencing guidelines set forth in the category 4 (Habitual, Cumulative, Special Intimidation) (4-1 year) (special mitigation), the area of mitigation (4-1 year), the area of punishment not to be imposed (including serious efforts to recover damage), or where considerable damage has been recovered, the lower limit is subject to the sentencing guidelines set in the crimes for which the sentencing guidelines set for which the sentencing guidelines are set.
2. Sentence;