Text
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
around May 3, 2015 and around July 25, 2015, the Defendant threatened the Victim C (Woo 54 years of age) and reported to the police on July 30, 2015, which obstructed the work of the victim in the singing room for the operation of the victim.
피고인은 2015. 9. 1. 19:50경 피해자 운영의 D노래방 앞 노상에서, 피해자에게 "야이 씨발년아, 내가 뭘 잘못해서 신고했냐, 지하철에서 기다릴거야, 너 두고보자."라고 말하여 피해자를 협박하였다.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the police protocol law to C
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. Article 62 (1) of the Criminal Act;
1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;
1. Scope of punishment: One year to 30 years;
2. Where the extent of the recommended punishment according to the sentencing guidelines [decision of types of punishment] is minor (the scope of recommending punishment] of violent crime group, intimidation crime, and intimidation (type 5) (the special sentencing person] of retaliation (the scope of recommending punishment] (the range of recommending punishment). From April to April (the area of mitigation).
3. The sentencing sentencing factors are the sentencing sentencing factors disadvantageous to the Defendant, such as the fact that the Defendant, even though having been sentenced five times to a prison sentence, has the same criminal records as the Defendant, and that the Defendant is going to commit the instant crime again, and the victim is seeking the punishment of the Defendant.
However, the sentencing of the defendant is more favorable to the defendant, such as the fact that the defendant has already divided his mistake in depth, the health of the defendant seems to be not sufficient, and the degree of intimidation in the crime of this case is relatively minor. The above sentencing factors are the sentencing of the defendant, taking into account the age, character and conduct, environment, etc. of the defendant, the sentence against the defendant shall be determined as ordered by the sentence.
It is so decided as per Disposition for the above reasons.