A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On January 15, 2019, the defendant filed a complaint against the violation of the Design Protection Act with the victim B (Nam, 39 years of age) at the office of the Suwon District Prosecutors' Office (Seoul and 39 years of age).

Around 16:10 on March 2, 2019, the Defendant: (a) called, “in the vicinity of the Ansan Police Station located in 140, Ansan-ro 16:10, an Ansan-si; and (b) called, “in the course of returning home to Korea, the victim shall not be able to mobilize National Assembly members and environmental organizations without withdrawal of the complaint; and (c) in relation to the investigation of his criminal case, the Defendant threatened the victim for the purpose of having the victim withdraw the complaint.”

Summary of Evidence

1. The defendant's oral statement and the interrogation protocol of the defendant B as to the defendant's suspect B;

1. Application of Acts and subordinate statutes to each letter of complaint and recording;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Six to fifteen years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the scope of recommendation [decision of types] violent crimes [Type 5] no person who is subject to intimidation [special punishment] (the scope of recommendation field and recommendation range], the basic area of recommendation [the scope of recommendation field and recommendation range], and October through two years.

3. Determination of sentence: Determination of sentence, in comprehensive consideration of all the factors of sentencing as expressed in the instant case, such as the circumstances under six months of imprisonment with prison labor and one year of suspended sentence, character and conduct, environment, family relationship, motive of the crime, means and consequence of the crime, and the circumstances after the crime, shall be made as ordered.

The purpose of retaliation is not only to infringe the legal interests of the victim, but also to result in the occurrence of substantial truth by investigation agencies and judicial agencies and to interfere with the exercise of the state's penal authority, so severe punishment is required.

The crime of this case is committed.