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.

Criminal facts

At around 15:20 on July 25, 2014, the Defendant: (a) received a summary order of KRW 2,00,000 from the Daejeon District Court Branch of the Daejeon District Court on October 6, 2014, on the ground that the Defendant reported the fact that the Defendant was frighting in the restaurant while under the influence of alcohol to the police; (b) on the same day, the Defendant was able to engage in an injury requiring the victim to receive medical treatment for 14 days, such as catitis, by putting the head of the victim’s catch; and (c) accordingly, on October 6, 2014, issued a summary order of KRW 2,00,00 as an injury charge.

Around 17:00 on May 21, 2015, the Defendant found the above K cafeteria while under the influence of alcohol. Around 17:00, for the purpose of retaliation against the Defendant’s reporting the Defendant’s bodily injury to the police and reporting the Defendant’s injury to the police, the Defendant threatened the victim of the crime, such as “The Victim was subject to a fine by making a report on the Defendant’s bodily injury.”

As a result, the defendant threatened the victim with the purpose of retaliation against the provision of proviso of investigation and statement in relation to the investigation of his criminal case.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared by the J;

1. Application of Acts and subordinate statutes to report on investigation by prosecutors (report on the result of telephone recording or investigation by victims);

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. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. Grounds for sentencing Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The scope of punishment by law: Imprisonment for one to thirty years;

2. Application of the sentencing criteria;

(a) Determination of types: Type 5 from among violent crimes or intimidation;

(b) Special penal persons: No penalty shall be imposed;

(c) The range of recommended sentence: the range of sentence by law for one to four months of imprisonment.