A defendant shall be punished by imprisonment with prison labor for four months.

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

Punishment of the crime

On July 26, 2019, around 00:18, the Defendant, while drinking alcohol in the 'D' entertainment tavern managed by the victim C(36 years of age) in Yeongdeungpo-gu Seoul Metropolitan Government, demanded the victim to extend the hours of use. However, the Defendant was requested to make a prior settlement from the victim.

Accordingly, the Defendant gets off the above main point, and flaged from the street to the victim, such as the victim’s “Korean-board shop,” etc., and flaged in the direction of the mountain district of the Seoul Yeongdeungpo-gu Police Station located in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu, Seoul, as well as the victim 21, and had one fire extinguisher, which is a dangerous object that is kept there, in the vicinity of the victim. Then, the Defendant flaged the above fire extinguisher and flaged the victim’s front, and acted as if the victim flag was collected.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement to C by the police;

1. Police seizure records;

1. A report on investigation, photographs of seized articles, and photographs of accompanying articles;

1. Application of investigation reports (CCTV investigation) and attached CD 1 statute;

1. Relevant Article of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, the choice of imprisonment for a crime;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the recommended sentence according to the sentencing guidelines [decision of types] violent crimes [Type 4] repeated offenses and special intimidation [Special Intimidation]: Reduction elements of punishment [including serious efforts for recovery of damage] (including the area of recommendation and recommendation range] mitigation areas, imprisonment between two months and one year;

2. In light of the risk of the determination of sentence, the victim has a bad character of the crime, the violence has been committed, and the other hand, recognized the mistake and attitude of reflect, and agreed with the victim.