A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

The defendant, as a major child of the victim B (81) and the family of the victim B, had a complaint against the victim B at ordinary times as a problem of the miscarriage distribution of the deceased's family of the victim B while the victim B was living together with the victim B.

피고인은 2015. 4. 25. 02:30 경 안양시 동안구 C, 802동 506호에 술을 마시고 들어와 피해자 B에게 남동생인 D 명의로 된 위 아파트를 자신에게 이전해 달라고 말하려 하였으나 피해자 B가 안방 문을 잠그고 자면서 문을 열어 주지 않자, 작은 방 책상 위에 있던 위험함 물 건인 과도( 칼날 길이 약 10cm )를 가져와 안방 문틈 사이로 넣고 문을 젖히며 “ 문 열어, 썅, 안 열면 죽여 버린다.

Only the same straw, it threatens that we can see it." In other words, we brought a loss, which is a dangerous object in the dwelling space, and bring it back several parts of the safe reading center, and speaked as above.

As such, the Defendant carried dangerous objects and threatened the victim B who is his lineal ascendant and descendant, and harming the use of the victim D’s market price as a supplement of the victim D’s unexplosive door, reading center, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B (16 pages of evidence records);

1. A report on investigation;

1. Application of Acts and subordinate statutes to the place of occurrence and photograph of crime tools;

1. Relevant provisions of the Criminal Act and Articles 284, 283 (2) and 283 (1) of the Criminal Act (the point of special intimidation on existence and the choice of imprisonment), Articles 369 (1) and 366 of the Criminal Act concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) A victim who continues to exist in the area subject to the aggravated punishment (8 months to 2 years) of the Act on the Aggravated Punishment of Terrorism (Habitual, Cumulative Crime, Special Intimidation) in Type 4 of the Act on the Aggravated Punishment of Terrorism (Aggravated Punishment of Intimidation)

(b) Crimes of destroying special property (the scope of recommended punishment).