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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 21, 2020, the Defendant: (a) requested a return of KRW 10,000 to the victim after settling the victim’s drinking value of KRW 100,000,00 to the “D” on July 13:16, 2020; (b) however, the Defendant was refused to demand a return of KRW 10,000,000.

Accordingly, the defendant interfered with the operation of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Scope of punishment by law: One month to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the scope of the recommended punishment [the scope of the punishment [the category 1] interference with the affairs [the scope of the recommended punishment] and no interference [the scope of the recommended punishment] shall be the basic area, the scope of the punishment [the scope of the recommended punishment], six months through one year and six months.

3. Determination of sentence: Imprisonment with prison labor for not less than 2 years and observation of protection, and community service order for 120 hours, etc., the quality of the crime in this case is not minor in light of the methods and results of the crime in this case;

In particular, even though the defendant was already punished several times for violent crimes, and was punished twice for the same kind of crime, he again committed the crime of this case.

However, it is advantageous to the fact that the defendant acknowledges the crime and reflects his mistake, and that the defendant has no record of punishment exceeding the fine for the same kind of crime.

In addition, comprehensively taking into account the following circumstances, such as the Defendant’s age, sex, environment, motive or background of the crime, means and method of the crime, details and result of the crime, and the circumstances after the crime, imprisonment is to be imposed on the condition that the protective observation is added to prevent recidivism.