Text
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.
Reasons
Criminal facts
Some of the facts charged were corrected.
On September 2019, the Defendant had been interested in the economic growth of the victim B(the age of 28) who was a neighboring resident while engaging in a dispute over noise between floors with the residents of the upper floor at his residence.
On October 15, 2019, at around 19:00, the Defendant threatened the victim with the following: (a) the Defendant: (b) the Defendant: (c) the Defendant: (d) expressed an desire to brut the victim on the second floor of the house located in the Defendant’s place of residence, i.e., the second floor of the house located in the Defendant’s place of residence, i.e., a dangerous object under the influence of alcohol on the alleyway in the vicinity of the Defendant’s place of residence located in Seongbuk-gu, Sungnam-si; (d) “Is the victim to die. Is the victim. I will die. Is the knick.”
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. Seizure records;
1. Application of Acts and subordinate statutes to the site and photographs of seized articles;
1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Social service order under Article 62-2 of the Criminal Act;
1. Scope of applicable sentences under the law for sentencing under Article 48(1) of the Confiscation Criminal Act: The scope of recommended sentences [Article 4] according to the sentencing guidelines for one to seven years of imprisonment [Article 4]; the crime of intimidation [Article 4]; the basic area of repeated crimes and special intimidation [the scope of recommended sentences] [the scope of recommended sentences] [the scope of recommended sentences]; the basic area of repeated crimes and special intimidation [the scope of recommended sentences] [the scope of recommendation and recommendation]; the period from April to one year [the general person] [the grounds of suspended sentence] [the case of suspended sentence] major illegal reasons: Where a person committed a crime by carrying dangerous articles, the decision of sentence for the same criminal offense (a suspended sentence for not more than five years): One year; the defendant