The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The summary of the facts charged [criminal records] Defendant was sentenced to four months of imprisonment with prison labor for assault at Suwon District Court on September 9, 2015 and completed the execution of the sentence at Suwon Detention House on September 10, 2015.

【Criminal Facts】

The Defendant reported on July 2014 by the Victim C(55) and sentenced four months of imprisonment as above to the assault case that occurred around July, 2014, and was living in prison.

On March 30, 2016, around 14:07, the Defendant: (a) discovered the victims at the victim’s office boundary located in Ischeon-si D’s office, and expressed the victim’s desire to “hump, softened at the reduction of the risk,” and (b) expressed the victim’s desire to “hump., f.h., to death.h. to death,” on about two occasions, the Defendant detained the victim into the land to display the hump.h.

As a result, the defendant threatened the victim with the purpose of retaliation against the provision of investigation reports, statements, etc. in connection with the investigation or trial of his criminal case.

2. Determination

A. Article 5-9(2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment, etc.”) of the Criminal Act provides for a limited term of at least one year, which is greater than the statutory penalty under the Criminal Act, where a crime of assault, intimidation, etc. is committed under the Criminal Act for “the purpose of retaliation against the provision of a criminal investigation force, such as a criminal complaint or accusation, statement, testimony or submission of materials” or “the purpose of prohibiting the provision of a criminal investigation force, such as a criminal complaint or accusation, statement, testimony or submission of materials, or cancelling a false statement, testimony or submission of materials”.

Here, whether an actor has such an objective shall be reasonably determined in light of social norms by comprehensively taking into account various circumstances such as the offender’s age, occupation, and other personal factors, motive and details of the offense, means and method of the offense, the content and manner of the act, the personal relationship with the victim, and the circumstances before and after the offense.