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.

Punishment of the crime

The Defendant, as North Korean defectors, is a person working in labor. The Defendant applied for a visa of the U.S. of the Defendant and his family members through the Victim B (B, 42 years old), who was aware of his intention to move to the U.S., and the Defendant’s family members were 12,50,000 won in terms of the expenses. However, when a visa was issued by the U.S. Embassy for a period of three months, the Defendant filed a complaint against the victim as a fraud and demanded the return of the amount.

1. Around October 21, 2006, the Defendant entering a residence intrusion on the victim’s residence by opening a studio door, which was not corrected in the case of the victim’s residence of Yangcheon-gu Seoul apartment 111-dong 303, Yangcheon-gu, Seoul, and entering a new house, and entering the living room and the inner room of the said apartment in a new state, thereby infringing on the victim’s residence.

2. The Defendant, at the time and place set forth in the above Paragraph 1, caused the victim’s failure to comply with the police investigation on the day without returning the above amount at the time and place, and caused the victim’s face, chests, and clothes to a number of telegraphs, such as the victim’s face, chests, and uniforms, which require approximately three weeks of treatment to the victim.

3. The Defendant, at the time and place set forth in the above Paragraph 1 above, threatened the victim with a view to having any harm and injury on the victim’s body by stating that “The Defendant was a dangerous object prior to possession of it for the said reasons ( approximately 14 cm in total length, approximately 6 cm in the blade length), the victim’s portable knife and knife in large interest.”

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. The statements made by witnesses B and D in the third trial records;

1. B written statements;

1. Records and lists of police seizure;

1. Each written diagnosis of injury to B;

1. Investigation report (to hear statements by police officers accompanying the police officer);

1. A report on dispatch to the scene of violence incidents;

1. Report on the use of police gear;

1. Photographs of seized articles;

1. Application of the existing legislation of No. 1 (C.B.) 1.