A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

In connection with the investigation or trial of his own criminal case, the crimes as provided in Article 283 (1) of the Criminal Act shall not be committed for the purpose of retaliation against the provision of a criminal investigation force, such as accusation or complaint, statement, testimony or submission of data

Around August 2016, the Defendant was prosecuted for a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Special Indecent Act by Indecent Acts) against the Victim B. After the judgment of innocence was rendered at the first instance on January 11, 2018, the Defendant tried to take retaliation against the victim B.

On June 1, 2018, at around 23:00, the Defendant threatened the victim by walking the string of the entrance in front of the victim's house located in Seodaemun-gu Seoul Western D, Seodaemun-gu, Seoul, with the expression "hing a knife, knife, knife, knife, knife, knife, knife, knife."

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes, including investigation reports (related to attachment of documents by a suspect in cases in 2016), investigation reports (related to attachment of documents by a suspect), and data, including each accompanying document;

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;

1. Grounds for sentencing Article 62-2 of the Criminal Act and Article 59 of the Probation Act;

1. The scope of punishment by law: Imprisonment with prison labor for not less than one year nor more than 30 years;

2. The scope of the recommended sentence according to the sentencing guidelines (decision of type) that there is no person [the scope of the recommended sentence and the scope of the recommended sentence] under the category 5 (Intimidation for the Purpose of Taking Dupending) [the scope of the recommended sentence], the basic area of the recommended sentence, the imprisonment for not less than 10 months and not more than 2 years (the scope of the corrected recommended sentence], and the imprisonment for not less than one year and not more than 2 years (

3. Determination of sentence: Imprisonment with prison labor for one year, suspension of execution for two years (the taking of probation, mental and psychological therapy lectures for 40 hours) and intimidation made with the aim of retaliation against the provision, etc. of a criminal investigation force shall seriously threaten the exercise of the State penal authority;