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A defendant shall be punished by imprisonment for four 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
Punishment of the crime
On March 14, 2016, the Defendant: (a) around 03:30 on March 14, 2016, the victim C, working in Yongsan-gu Seoul Metropolitan Government, was able to play music in the name and in the cafeteria and the restaurant, and took music in the Handphone with the victim, and took a bath.
At around 04:30 on the same day, the Defendant: (a) went to a restaurant, and later 20 minutes after which the Defendant went to a restaurant, re-enters the restaurant and the victim to change the place; (b) talked with the Defendant; (c) talked with the victim’s restaurant business by force for about two hours from May 5 of the same day, by 05:00 to 05 of the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the police statement protocol law to C
1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service [the scope of recommended punishment] The mitigated area (one month to eight months) (one month) [the person with special mitigation] the punishment in the mitigated area (including efforts to recover damage] [the decision of sentence] below, the defendant's age, sex behavior, environment, circumstances after crimes, etc. shall be taken into consideration and determined as ordered by the order.
The advantages - The point agreed with the victim - The degree of interference with the work is not less than eight times due to injury, etc., which is unfavorable to the disadvantage of the victim - The degree of interference with the work is not easy.