A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

On August 23, 2019, the Defendant: (a) around 23:20, at the restaurant for the operation of the victim C (the age of 42) in Seo-gu, Seo-gu, Gwangju around August 23, 2019; (b) at around the 20th of the same month, the Defendant sought the agreement of the assault case at the time of the victim; and (c) at around 20th of the same month, the Defendant was threatened with the victim, showing the attitude that the victim would have been able to reach an agreement unless the victim would reach an agreement.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. One copy of the summary order;

1. Application of statutes on site photographs;

1. Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 283 (1) of the Criminal Act concerning the crime;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. Scope of punishment by law: Six to fifteen years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] for the purpose of retaliation [the category 5] for the purpose of retaliation (including a serious effort to recover damage] or for considerable damage therefrom (the scope of the recommended punishment and the recommended punishment], mitigation area of the punishment (including a serious effort to recover damage), April through April 1st [the scope of the recommended punishment revised according to the applicable sentencing] imprisonment with prison labor for six months to four months (the scope of the recommended punishment revised according to the applicable sentencing], and six months through one year and four months (the lowest limit of the sentencing range recommended by the applicable sentencing guidelines are inconsistent with the statutory minimum limit of the applicable sentencing range).

3. Determination of sentence: Imprisonment with prison labor for six months and suspension of execution for two years, the crime of this case is committed in relation to his/her own assault case and thus the nature of the crime is not less than that of intimidation when demanding the agreement by finding the victim, and is disadvantageous to the defendant.

On the other hand, the defendant recognized the crime of this case and appears to reflect it, and the defendant agreed with the victim.