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A defendant shall be punished by imprisonment for not more than ten 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.
Reasons
Criminal facts
1. The Defendant is also living together with the children of the victim B (n, 75 years of age) and the victim’s house in Kimhae-si C.
At the end of November 2013, the Defendant threatened the victim with the following purport: (a) at the victim’s house, the Defendant: (b) by putting in hand the excessive amount of goods dangerous to drinking alcohol and drinking in the kitchen ( approximately 10cm in blades); and (c) “I will die without being aware of the name of the house in the future;” and (d) intimidation the victim.
2. On February 25, 2016, at around 01:00, the Defendant: (a) the victim’s house was rejected by the Defendant’s demand for a loan from a bank as collateral; and (b) the market price was destroyed by defluoring a window in an irregular way.
3. On February 15, 2016, the Defendant was driving a D-wing truck with alcohol content of about 500 meters from the Krain Livestock Parking Lot located in Busan Gangseo-gu to the front road of the gate of the Kimhae-si, the Defendant was under the influence of alcohol of 0.182% from the 500-meter section from the Grain Livestock Parking Lot to the front road of the gate of the Kimhae-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. A complaint;
1. Notification of the results of regulating drinking driving;
1. Application of the photographic Acts and subordinate statutes;
1. Article 366 of the Criminal Act, Articles 284, 283 (2), and 283 (1) of the Criminal Act (the fact of intimidation on the existence of dangerous articles), and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The following crimes were committed on the grounds of sentencing Article 62-2 of the Social Service Order Criminal Act: (a) the basic area (from June to January to June), the basic area (from June to June) of the fourth type (Habitual, Cumulative, Special Intimidation) (the scope of recommended punishment) [the scope of recommended punishment] of the basic area (from April to October) of the basic area (the person subject to special sentencing) of the first type (the scope of recommended punishment) [the person subject to special sentencing] of the Article 62-2 of the Social Service Order Act.