Defendant

A Imprisonment with prison labor for one year and for six months, respectively.

However, for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Defendant

A was sentenced to two years of imprisonment for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) at the Busan District Court on October 31, 2014, and on August 26, 2015, the court was sentenced to ten months of imprisonment for the same crime, etc. and completed the execution of each of the above punishment in the Ansan Prison on October 17, 2016.

1. Around January 27, 2017, Defendant A’s sole criminal defendant kept an Aluminium air-conditioning net (70 cm in length) in front of the E convenience store located in Busan Seo-gu, Busan, with dangerous objects that could be used for a crime, such as collective assault, etc., prescribed by the Punishment of Violences, etc. Act without justifiable grounds.

2. On February 20, 2017, the Defendants committed the joint crime of the Defendants, on the ground that the victim H(24 years of age) and shoulder met in front of G main points located in the Busan Landong-gu, Busan around February 2017, and the victim took a knife, which is a lethal weapon, Defendant A took advantage of and threatened with the knife.

Accordingly, the Defendants jointly assaulted the victim while carrying dangerous objects.

Summary of Evidence

1. Defendants’ legal statement

1. A protocol concerning the examination of suspect of H with respect to the police;

1. A protocol of seizure and a list of seizure;

1. Previous convictions in judgment: Inquiry into criminal records and criminal investigation records, and application of Acts and subordinate statutes of a report on investigation (the identification of a suspect A);

1. Article 7 of the Punishment of Violences, etc. Act (the occupation of carrying dangerous objects), Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the occupation of joint assault) and Articles 261 and 260 (1) of the Criminal Act concerning the crime (the occupation of assault for carrying dangerous objects);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of the penalty;