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.

Punishment of the crime

Around September 19, 2013, the Defendant threatened the victim on the ground that the victim C (nive, 54 years of age) did not constitute a smuggling wage in front of the building B at Ansan-si, the Defendant laid off the transition (23.5 cm in total length x 13 cm in length x 13 cm in length) which is dangerous goods in the main machine, and then threatened the victim on September 19, 2013, stating that the victim “I shall die..............................” on September 19, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Application of seizure records to Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, and Article 283 (1) of the Criminal Act;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered favorable circumstances among the reasons for the punishment in prison);

1. Article 62 (1) of the Criminal Act on the suspended execution ( normal consideration of the favorable reasons for the suspended execution);

1. Social service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48 (1) 1 of the Confiscation Criminal Act [Determination of Punishment] type 4 (Habitual Cumulative Offense, Special Intimidation) [Special Convicts] (including serious efforts to recover damage) or the area of mitigation [the scope of recommendation] [the scope of punishment] April 1 to 1 [the decision of recommendation [the decision of sentence] imprisonment for 8 months], the defendant for 2 years in suspended execution, taking advantage of the previous criminal records of the same kind of crime in the past and intimidation to others. Although the defendant could not be deemed to be somewhat weak in light of the risk, the defendant could not be deemed to have taken into account the fact that he did not recognize his mistake and reflect his attitude, the defendant agreed to be guilty only with the victim, and the defendant selected a suspended execution.