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

Seized evidence No. 1 shall be confiscated.

Punishment of the crime

The defendant is a person who resides in B apartment C in Seoul Special Metropolitan City, Nowon-gu, and the victim D(n, 34 years of age) is a person who resides in the same subparagraph.

At around 14:20 on May 18, 2019, the Defendant alleged that the noise was generated between floors in the center of the victim in the above B apartment E, and expressed the victim’s bath as “spawn and director A.” with single hand, he saw the victim’s spath, and brought kid (29cm, 25cm in length on the day, 25cm in length) which is a dangerous object in the victim’s item with other hand, and threatened the victim’s life and body.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Report on internal accidents ( telephone conversations of a rayer);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act refers to the defendant's inter-floor noise and the victim who resides in the above floor is sought, thereby bringing about improvement to the items of the victim, bringing high-ranking directors, and threatening the victim. In light of the fact that the victim, who is vulnerable to the crime, has been threatened with a big mental impulse to the victim by using a improved improvement, which is a dangerous object to the female victim, the crime is not very good, the defendant has been sentenced to a suspended sentence of imprisonment with prison labor due to the display of fingers to the wife in the past, and the risk of recidivism is high in light of the defendant's past punishment power or the attitude of the crime in this case, etc., which are disadvantageous to the defendant.

On the other hand, the fact that the defendant is against the victim, and the victim has agreed with the victim, and the victim is seeking the preference of the defendant is a favorable condition.

Each of the above circumstances is shown in the records and arguments, such as the defendant's age, character, conduct, occupation and environment, and the background of the crime of this case.