Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
The defendant is under lawsuit against the victim C, who is the owner of the above land, in relation to the housing owned by the defendant in Hongcheon-gun B.
피고인은 2020. 3. 12. 10:30경 토지 임대료를 감정하기 위해 위 장소에 찾아온 피해자와 말다툼을 하던 중 피해자가 삿대질을 한다는 이유로 화가 나, 피해자에게 “가만있어, 칼로 배를 확 긁어버리기 전에, 이런 개새끼”라고 말하고, 그곳 툇마루 있던 위험한 물건인 핸드그라인더를 피해자의 목에 들이대는 시늉을 하여 피해자를 협박하였다.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Investigation report (D telephone conversations of the complainant);
1. Recording records;
1. Application of the Acts and subordinate statutes to photographs taken on the site of the case, and photographs taken by the handbags, Handbags;
1. Relevant Articles of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the punishment, and reasons for sentencing;
1. The scope of recommendations according to the sentencing criteria (the scope of recommendations) and the basic area (four months to one year and six months) of the crimes of intimidation (the scope of recommendations).
2. In the process of civil litigation with the victim, the defendant was threatened with the victim who had been in order to participate in the appraisal procedure while making a decision on the sentence. In light of the motive, circumstance, risk, etc. of the crime, the criminal liability is grave; the defendant was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act on August 22, 2019; the defendant was under suspended sentence of two years for a suspended sentence of one year; the defendant committed the crime of this case without being informed of the demand for summary order on June 9, 2019 and on June 15, 2019, each of the crimes of this case without being informed of the demand for summary order; and the fact that he did not receive a suspicion from the victim, it is inevitable to punish the defendant.
However, the defendant.