A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence No. 1 shall be confiscated.

Of the facts charged in the instant case, intimidation.

Criminal facts

On December 3, 2015, the Defendant was sentenced to six months in Seoul Southern District Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and completed the execution of the sentence on June 1, 2016.

The defendant and the victim B(59 years old) are adjoining areas residing in the same multi-family house.

On November 4, 2018, at around 17:45, the Defendant: (a) threatened the victim for about five minutes on the ground that the Defendant was sentenced to a fine of KRW 3 million due to a crime of intrusion upon residence, etc. upon the victim’s report on May of the same year, on the ground that the Defendant’s basic living cost was reduced due to the Defendant’s occurrence of a crime of intrusion upon residence, etc.; (b) knife three knife (37 cm, 33 cm, 22 cm in total length) with a dangerous object (37 cm, 33 cm, 22 cm in total) with a string of the door, saying, “A knife, this knife, death, death, death, and death of the knife.”

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Photographs of seized articles;

1. Investigation report (verification of field rents and CCTV images);

1. The result of CCTV recycling;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports (subject to the same kind of crime committed by a suspect and violent crime), one copy of indictment, ten copies of the judgment, and six copies of the summary order issued under Acts and subordinate statutes;

1. Relevant Article of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. As for the reasons for sentencing under Article 48(1)1 of the Criminal Act, the Defendant agreed with the victim on the reason for sentencing. Although the Defendant’s health conditions are not good due to dementia in the detailed unknown Albimers and alcohol ozones, the Defendant has been punished several times as violent crimes, the instant crime is a crime during the period of repeated crimes, and is punished by a fine, i.e., property damage, etc. against the same victim during the period of repeated crimes.