협박
A defendant shall be punished by imprisonment with prison labor for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is the person who resides in the Dobong-gu Seoul Metropolitan Government building B or C, and the victim D (V, 33) is the person who resides in the same building E.
1. 피고인은 편집조현병으로 사물을 변별할 능력이나 의사를 결정할 능력이 미약한 상태에서, 2019. 6. 5. 07:35경 피해자가 거주하는 위 E호 현관문 앞에서, 아무런 이유 없이 “눈깔을 파버리고 입을 찢어서 죽여 버린다! 나가라 악마 같은 미친놈들! 죽여 버린다!”라고 소리를 지르면서 발로 현관문을 수회 걷어 찼다.
2. The Defendant, at around 18:15 on the same day, threatened the victim by showing the attitude of causing harm to the life or body of the victim, such as her festing and walking the string of the front door of the e-mail, with the sound that “I will throw away the fested and snow,” before 18:15 on the same day, “I will die.”
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Investigation report (related to telephone conversations of a police officer participating in the same police officer, telephone statement of a witness), investigation confirmation (Attachment to personal records of report 112 reported by a suspect and victim);
1. Application of Acts and subordinate statutes to a detailed statement of occurrence report, and statement of handling 112 reported cases;
1. Article 283 (1) of the Criminal Act applicable to the facts constituting an offense;
1. Statutory mitigation under Articles 10 (2) and 55 (1) 3 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. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 2-3 subparagraph 2 of the Medical Treatment and Custody Act and Article 44-2 of the Medical Treatment and Custody, etc. Act [the scope of recommending punishment] types 1 (general Intimidation) (person subject to special mitigation] mitigation area (one month to eight months) [the person subject to special mitigation], the defendant makes verbal abuse and intimidation against a neighbor who is a neighbor, without any particular reason.