A defendant shall be punished by imprisonment for a term of one year and two months.

Punishment of the crime

On January 6, 2017, the Defendant was sentenced to four months of imprisonment with prison labor in the Incheon District Court’s Vice Branch on April 13, 2017 as a result of the crime of interference with business against victim B (n, 50 years of age). On February 15, 2019, the Defendant was sentenced to one year of imprisonment with prison labor in the same court on August 9, 2019 for special intimidation against the victim on February 12, 2020.

At the time of the above crime against the victim, the Defendant was suffering from the awareness of retaliation against the victim on the ground that the victim reported himself to the police.

피고인은 2020. 5. 14. 01:30경 만취한 상태로 김포시 C 소재 피해자가 운영하는 'D' 주점에 이르러, “너 때문에 1년 반을 빵에서 살다왔다. 죽여 버리겠다!”라고 고함을 치면서 그곳 주방에 있던 위험한 물건인 식칼(전체 길이 33cm, 칼날 길이 20cm)을 가지고 나와 피해자의 앞에서 자신의 휴대전화 단말기를 바닥에 놓고 위 식칼의 손잡이 뒷부분으로 마구 내리쳐 휴대전화 단말기를 부숴버리는 등 피해자에게 해악을 가하겠다는 취지로 피해자를 협박하였다.

As a result, the defendant threatened the victim with the purpose of retaliation against the provision of investigation teams, statements, testimony or submission of materials in connection with his criminal investigation or trial.

Summary of Evidence

1. Application of the Acts and subordinate statutes to the acceptance status of each individual of the police's written statement of statement B of the defendant concerning the police's legal statement;

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. Scope of applicable sentences under the law for sentencing of the proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders: One year to 50 years;

2. Scope of the recommended sentence according to the sentencing guidelines [decision of types] violent crimes [Type 5] intimidation (special sponsers] for retaliation: Where a person is punished (including serious efforts for recovery of damage) or whose considerable damage has been restored.