A defendant shall be punished by imprisonment for not less than eight months.

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

Criminal facts

On January 2014, the defendant was dissatisfied with the victim B(the 16-year-old)'s father who resides below the lower court's lower court's decision that he raised an objection due to noise between floors.

피고인은 2014. 2. 10. 22:00경 대구 C아파트 107동 1102호에 있는 피해자의 집에서 술에 취해 자신의 차량에 있던 위험한 물건인 쇠파이프(길이 80cm)를 들고 찾아가 “너희 아버지 어딨냐 씨발놈아! 다 때려 부순다! 내가 좆 같이 보이냐!”라고 욕설을 하며 위 쇠파이프로 현관문을 두드리고 바닥을 내리치고, 피해자가 현관문을 열자 피고인은 쇠파이프를 들어 올려 피해자를 위협하였다.

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. Written statements of D;

1. Application of Acts and subordinate statutes governing the pipe photograph;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 283 (1) of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] Where a person commits a crime under the aggravated area (8-2 years habitually, repeated crimes, special intimidation) (8-2 years), by group or multiple force, or by carrying a deadly weapon or other dangerous articles (excluding the case where special intimidation is applied) (excluding the case where special intimidation is applied) / The defendant's decision of sentence] as a crime of intimidation to a hack pipe because the defendant was found in the victim and his/her residence living together with the victim living together with the victim due to noise problem between the floors, it is not good that the crime is not committed, but it is against the offender, the circumstances leading to the instant crime, and all other circumstances constituting the conditions for sentencing, such as the defendant's age, character and conduct, environment, etc., shall be determined as the order.