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

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

Punishment of the crime

[criminal records] On October 28, 2020, the Defendant was sentenced to a suspended sentence of three years for a year of imprisonment with prison labor for a special intimidation at the Seoul Western District Court (Seoul Western District Court) and the judgment was finalized on November 5, 2020.

[Criminal facts] On August 31, 2020, around 09:50, the Defendant was arrested as the current criminal on the date of assault and intimidation of the victim B ( South, 37 years of age) who is adjoining to the Defendant, and upon release, the Defendant was fluent with respect to the victim.

The defendant around 04:00 on September 1, 2020, around 04:00, the victim and the marina victim in front of Yongsan-gu Seoul building "at the police station due to the collapse of the inside, she shall not have the victim and the marina victim "at the police station."

The death will be discarded.

"," and the victim has served as drinking.

Accordingly, the defendant threatened the victim for the purpose of retaliation against the provision of investigation proviso.

Summary of Evidence

1. Statement by the defendant in court;

1. B’s written statement 112 Report processing statement;

1. Investigation report (related to sphographs of personalphone images) and investigation report (referring to the hearing report by the victim's telephone);

1. Previous convictions in judgment: The application of Acts and subordinate statutes to report an investigation (attached to indictment);

1. Article 5-9 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 283 (1) of the Criminal Act concerning the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. Scope of applicable sentences under law: Six to fifteen years of imprisonment;

2. The sentencing guidelines do not apply to this case and special intimidation, for which the scope of the recommended punishment according to the sentencing guidelines have become final and conclusive, are one of the concurrent crimes after Article 37 of the Criminal Act.

3. The purpose of retaliation for the determination of sentence is not only to infringe the legal interests of the victim, but also to bring about the discovery of substantial truth of investigation agencies and judicial agencies and to interfere with the exercise of the State's penal authority.