The punishment of the accused shall be determined by eight months of imprisonment.

Punishment of the crime

1. Around 17:35 on May 1, 2014, the Defendant intruded upon the victim C’s house located in Jindo-gun B, without any justifiable reason.

2. 폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박) 피고인은 위 1항 기재 일시, 장소에서 위험한 물건인 가스통 호스를 뺀 다음 가스통의 밸브를 열고 일회용 라이터를 꺼내어 이를 켜는 시늉을 하면서 집안 부엌에서 창문을 통해 피고인을 지켜보고 있던 피해자 C(여, 39세)에게 “죽어버리겠다. D도 죽고 세월호도 죽었다. 자폭하겠다.”라고 말하며 아무런 이유 없이 피해자를 협박하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement C to the Acts and subordinate statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Entry into a residence as indicated in the judgment: Article 319 (1) of the Criminal Act;

(b) The occupation of intimidation by carrying a deadly weapon: Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act and Article 283(1) of the Criminal Act;

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated within the scope calculated by adding up the maximum term of the punishment specified in each crime as stated in the judgment on the punishment for concurrent crimes)

1. Since the crime of violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) in the judgment of the criminal whose sentencing guidelines are set on the grounds of the sentencing guidelines under Articles 53 and 55(1)3 of the Criminal Act and the crime of intrusion upon residence on the judgment of the criminal whose sentencing guidelines are not set is concurrent crimes, the lower limit of the sentencing for each crime of violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.), on which the sentencing guidelines are set, shall be set as the lower limit of the sentencing for each crime of violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) in which the sentencing guidelines are set.