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 became final and conclusive.

Punishment of the crime

Although the Defendant was in an internal relationship with the victim B (V, 58 years old), he was found to find the main points in the operation of the victim and has been brupted continuously by interfering with business or intrusion into the residence of the victim.

1. On March 7, 2020, the Defendant, at around 16:35, 2020, put the victim, working with another male in the dry field located in Gyeyang-gu Incheon Gyeyang-gu, Incheon, stating, “I will die with another male, if you report (on the day of the day)” and “I will die with another male.” The Defendant brupted the victim as if it would inflict any danger and injury.

Accordingly, the defendant threatened the victim.

2. At around 19:50 on March 7, 2020, the Defendant was unable to avoid disturbance for about 10 minutes, such as having sound from the “E” main point of the victim’s operation in Gyeyang-gu Incheon Gyeyang-gu, Incheon, without any particular reason, and having gotten off a disturbance for about 10 minutes.

Accordingly, the Defendant interfered with the victim's main business by force.

Summary of Evidence

1. Application of Acts and subordinate statutes to each written report on internal investigation (Evidence Nos. 4, 11) in the preparation of the Defendant’s legal statement B;

1. Relevant Article 283(1) of the Criminal Act, Article 314(1) of the Criminal Act, and Article 283(1) of the Criminal Act, the choice of imprisonment for a crime

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

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

(a) Class 1 crime (Intimidation) and violent crime [Article 1] and general intimidation [Article 1] and the elements for mitigation of punishment (including efforts to recover damage): The area of mitigation [including the area of recommendation and the scope of recommendation], the area of mitigation of punishment (including efforts to relieve damage], and one month to eight months;

(b) Class 2 Crimes (Interference with Business) [Determination of Sentencing] Obstruction of Business Affairs (Type 1] Obstruction of Business Affairs (Special Convicts): Damage to Members of the Punishment Committee.