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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
1. On December 26, 2016, the Defendant: (a) around 00:30 on December 26, 2016, at the Busan Suwon-gu C’D located in Suwon-gu, Busan, which was managed by the Victim B (51) (C); (b) was under the influence of alcohol on the floor of the instant cups on which one’s daily operation and fighting was attached; and (c) was unable to escape a disturbance, such as the table B.
The Defendant interfered with the business of “D” of the victimized person for about 30 minutes by force as above.
2. Special intimidation: (a) the Defendant collected “Cement structure” (13 cm wide, 16 cm wide, 16 cm high, which is a dangerous object on the floor of the parking lot, in order to receive a demand from the injured party for a change in the drinking value; and (b) caused the victim to be frighted and frighted with the victim; and (c) caused the victim to be frighted as at the time of the victim.
The Defendant carried dangerous objects as above and threatened the victim.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. Statement made by the police against B;
1. Application of Acts and subordinate statutes to a report on investigation (such as dispatch to the scene);
1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act (a point of special intimidation), Article 314(1) (a) (a point of interference with business) of the Criminal Act, the choice of imprisonment for a crime;
1. The crime of this case on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is an unfavorable circumstance where the crime of this case is committed by force from the main point of view to interfere with business operations by the main point of view, and the passage of cement block by the main point of view upon Gap's request from the main point of view to the main point of view. As such, the nature of the crime is bad, the defendant repeats the crime during the period of probation, and the defendant can commit violent crimes including two times of punishment, etc.
However, it is favorable for the defendant to recognize the facts charged by the investigative agency to seriously reflect on the facts charged, and the fact that the defendant agreed with the victim.
In addition, the trial process of this case, such as the defendant's age, sex, environment, means and result of the crime, and circumstances after the crime, etc.