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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 21:20 on September 13, 2013, the Defendant: (a) called the victim D (n, 59 years of age) operated in Namdong-gu Incheon Metropolitan City, the Defendant: (b) demanded the victim, who drinks with other customers, to do so; (c) laid off the table table, which was located there on the ground that the victim was refusing to do so; (d) brought about about approximately 20cm in the knife length of the knife, which is a dangerous object in the kitchen; and (e) brought about the victim, by threateninging the victim to escape the disturbance, such as threatening the victim to “bead............”
The Defendant, carrying a knife, which is a dangerous object, threatened the victim, and at the same time interfered with the victim’s main duty by force.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes on criminal tools and field photographs;
1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 283 (1) of the Criminal Act (the occupation of intimidation to carry dangerous articles) and Article 314 (1) of the Criminal Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor for the crime of interference with business
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;
1. Class 4 (Habitual, Cumulative, Special Intimidation) (Special Intimidation) mitigated elements of the sentencing criteria for violent crimes: From April to one year (the scope of recommending punishment) not to be mitigated [the scope of recommending punishment] (no separate processing method exists for the commercial concurrent crimes);
2. Determination of sentence: A person who has been sentenced to a fine for the same kind of crime in the period of eight months of suspension of execution, even though he/she has been sentenced to a fine for the same crime in the period of two years, resulting in the crime in this case and thus,
However, the defendant reflects the crime of this case, seems to have committed the crime of this case by contingency under the influence of alcohol, and the victim does not want the punishment of the defendant.