However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive. To order the accused to provide community service for 120 hours.

1. At around 22:30 on July 11, 2019, the victim C (69 years of age) was in the north-gu B apartment in Ulsan-si, Ulsan-si, U.S., on the ground that the victim resisted the noise between floors, the victim was influenced, and the victim was influenced, with only one but only one but only one but also with a dangerous object, the victim was influenced about the noise, and the victim’s life, body, or property was influenced. without opening a door, the victim was influenced with the wind of the above annexed gas and emitted gas being compressed into the wall. Accordingly, the Defendant threatened the victim by carrying a dangerous object, and emitted gas, thereby causing danger to the victim’s life, body, or property.

2. Damage to property;

The Defendant cited the same date, time, and place, and destroyed the victim's house-to-face brush with several times, thereby damaging the repair cost to the extent of KRW 1 million.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. A photographic picture taken of butane gas bags and disposable bags used for committing the crime;

1. Investigation report (Attachment of a file recording the situation at the time of damage submitted by the injured party), voice recording, CD 1. Application of Acts and subordinate statutes to the damaged entrance, photograph, and estimate;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 284, 283(1)(a) of the Criminal Act, Article 283(1)(a)(a) of the Criminal Act, Article 172-2(1)(a) of the Criminal Act, Article 366(a) of the Criminal Act, Article 366(a) of the Criminal Act

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with punishment prescribed in the crime of gas emissions with the largest penalty)

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Social service order;

Article 62-2 of the Criminal Act

1. Reasons for sentencing: Imprisonment with prison labor for a period of up to 15 years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) A primary crime (special intimidation);

[Determination of Punishment] 04. Intimidations. [Type 4] Special Intimidation of Cumulative Offense

【Special Convicted Person】

[Recommendation and Scope of Recommendations] Basic Field, Imprisonment from April to June

[No person who is a general person]

(b) Second crime;

[Determination of Punishment] Destruction of Property, etc.

【Special Convicted Person】

[Recommendation and Scope of Recommendations] Basic Field, Imprisonment of 4 months to 10 months

[No person who is a general person]

(c) Third offense: The sentencing criteria are not set;

(d) Scope of recommending punishment based on the standards for handling multiple crimes: Imprisonment for not less than four months (limited to the lowest limit of the sentencing range for the crimes for which the sentencing criteria are set, since crimes for which the sentencing criteria are set and those for which no sentencing criteria are set are concurrent crimes in the former part of Article 37 of the Criminal

(e) Scope of recommended sentences as modified by applicable sentences: one year to 15 years of imprisonment (in cases where the upper and lower limit of the sentencing range recommended by the sentencing guidelines are inconsistent with the statutory applicable sentences, it shall be based upon the statutory applicable sentences).

3. According to the sentence decision, the crime of this case was committed by the Defendant, which caused the inter-floor noise problem by carrying with him the bomb gas source, threatened the victim, released gas, and damaged the victim's house entrance. It appears that many gases have leaked to the extent of gas smelling, and the victim's old age and the place of the crime of this case was likely to lead to serious harm to human life. The crime of this case is not good. Although the victim and his family members were to feel considerable fear, they still did not have been used from the victim. However, even though the victim and their family members were believed to have experienced considerable fear, the Defendant is deemed to have committed the crime of this case in the beginning, and the crime of this case appears to have not been committed in the state of drinking on the day of this case due to the conflict between the victim and the ordinary noise problem, and there were many other problems, such as the occurrence of life damage and physical damage, the amount of damage to life before and after the crime of this case has not been done, and the defendant's spouse's age and condition of living in the age will be determined as follows.

Judges Gindo-young

Judges' Binding