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

피고인은 위험한 물건인 부엌칼로 피해자 B(여, 52세)을 협박한 사실에 대해 피해자가 112 범죄 신고를 하자 이에 대해 앙심을 품고, 2019. 7. 29. 20:00경 불상지에서 피해자에게 전화를 걸어 “네가 신고한 사건이 검찰에 송치됐다, 네가 취하를 안 해서 송치가 됐다, 나 네 아들 죽이고 그 씹새끼 아들딸들 딸하고 손녀딸 콱 배딱지 갈라버릴 거다, 내가 니 아들 안 죽일 것 같냐, 씹할 년아, 너도 아픔을 당해라!”라고 피해자와 피해자 가족들의 신체에 위협을 가할 듯이 행동하였다.

Accordingly, the defendant threatened the victim with the purpose of retaliation against the provision of the proviso in connection with his criminal case investigation.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning B;

1. Recording notes or application of statutes of a summary order;

1. Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 283 (1) of the Criminal Act concerning the crime;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: One year to thirty years;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types] the scope of the recommended punishment [Type 5] violent crimes [no person subject to special punishment] [the scope of the recommended punishment] shall be the basic area of retaliation [the scope of the recommended punishment and the recommended punishment], the basic area of imprisonment from October to two years [the scope of the recommended punishment revised according to the sentencing guidelines] imprisonment for one year to two years (the lowest limit of the sentenced punishment recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the sentenced punishment, and it shall be in accordance with the statutory minimum limit of the sentenced punishment] [the person subject to suspended sentence] [no reason for suspension of execution]

3. Determination of sentence: One year (two years of suspended sentence);

A. The circumstances unfavorable to the defendant are as follows:

A retaliation threat may destroy the basis of the criminal justice process beyond the infringement of legal interests on individuals.