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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

1. 협박 피고인은 2014. 4. 26. 20:43경 서울 강남구 B아파트 상가 주차장 출구에서 피해자 C이 운행하던 승용차가 피고인의 보행을 막으면서 놀라게 하였다는 이유로, 피해자 C에게 “야이 씹할 년아, 썅년아”라고 욕설을 하고, 이에 피해자 C의 남편 피해자 D가 욕을 하지 말라고 항의하자, 차량의 오른쪽 뒷문을 열고 발을 승용차 안에 집어 넣은 후 “차에 밟혔는데 어딜 가냐, 씹할 새끼야. 확 죽여버릴까 보다.”라고 말하고 주먹으로 피해자들을 때리려고 하는 등 피해자들의 신체 등에 위해를 가할 듯한 태도를 보여 피해자들을 협박하였다.

2. The Defendant brought an obstruction of performance of official duties once a week on the ground that the F officer affiliated with the Seoul Western Police Station E District Unit, who was called out after receiving a report at the same time and place, prevented the victims from entering the Defendant.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each statement made to F and D;

1. Application of the respective laws and regulations of D and G;

1. Relevant Articles 283(1) and 136(1) of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment;

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act in the suspended sentence are as follows: (a) the time of the occurrence of the instant case’s act and reflects on the victim’s act; and (b) the economic situation in which the victim’s speech and behavior appears to have led to the instant crime under considerable interest in the process of resisting the victim’s vehicle’s operation behavior; (c) the Defendant’s age, character and behavior, environment, and current individual rehabilitation, are being paid KRW 539,000 per month.