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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Around 00:00 on August 12, 2018, the Defendant took a bath to the victim without any particular reason on the main points of “D” operated by the victim C (V, 57 years of age) on the first floor, and, under the influence of alcohol, the Defendant interfered with the victim’s bar business by avoiding disturbance from the said main points, and by force, threatening the victim’s bar business by force.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. Application of Acts and subordinate statutes governing business reporting certificates;
1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing the reasons for sentencing under Article 62-2 of the Criminal Act of probation and community service order;
1. Scope of applicable sentences under law: One to five years of imprisonment;
2. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment [the determination of a type of punishment] interference with the affairs [the category 1] interference with the affairs (the special person]: Reduction elements of punishment (including efforts to recover damage): Reduction areas (including the recommended area and the scope of recommended punishment] reduction areas, imprisonment with labor for one month to eight months;
3. The defendant who has been sentenced to sentence has committed the crime of this case during the suspension period of execution for the same kind of crime even though he had been tried by several times, and the defendant does not want the punishment of the defendant by mutual consent with the victim, taking into account the age, character and conduct and environment of the defendant, motive, means and consequence of the crime, and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime,