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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
On July 26, 2014, at around 03:00, the Defendant was seeking refund of music service charges calculated in advance on the ground that the Plaintiff’s “D” singing room operated by the Victim C(47 years of age) in Daegu-gu, Daegu-gu (hereinafter “D”) did not drink with the Defendant’s “D” singing room loan with the Defendant’s name and non-string of drinking, and that the Defendant was demanding refund of music service charges, which was calculated in advance, on the ground that the entertainment loan was not in mind.
As seen above, the Defendant, while drunkd the victim for a return of money, threatened the victim with a hand-on hand, with the victim’s scam being sealed once, and threatened the victim with an empty beer, which is a dangerous thing on the customer’s hand.
In addition, the defendant was suffering from the beer's disease toward the victim, but the victim was unable to meet the victim, and the victim continued to have been faced with other beer's disease, but the victim was aware of it.
Accordingly, the Defendant carried an empty beer disease, which is a dangerous thing, and assaulted the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. Application of field photographs, victim photographs, and statutes;
1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The reasons for sentencing under Article 62-2 of the Criminal Act for community service and order to attend a lecture repeatedly commits the instant crime despite the fact that the Defendant had been punished several times as violent crimes, but his/her mistake has been repeatedly divided, and the degree of damage to the victim has been easy, and the victim has reached a full agreement with the victim. Other various arguments are shown in the arguments, such as the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, and circumstances after the crime.