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의정부지방법원 2016.05.27 2015고단3613

A defendant shall be punished by imprisonment for six 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.


Punishment of the crime

On May 19, 2015, from around 23:56 to 00:15 on the following day, the Defendant entered the victim D (n, 55 years of age) of the victim D (n, e.g., the 55 years of age) located in Namyang-si, and changed the Kimbed Kim. However, the Defendant interfered with the victim’s restaurant business by force by force by failing to pay the food value prior to the Defendant’s failure to pay the food value.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on investigation;

1. Application of the Acts and subordinate statutes on the screen of a CD-recording data recording at the scene of the occurrence or CCTV-recording data recording at the scene of the occurrence;

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. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act [the scope of recommended punishment] is that there is no person [the person subject to special sentencing] in the basic area (six months to one year and six months] (the person subject to special sentencing] [the decision of sentence] [the defendant has committed another crime in this case without being aware of, and did not reach an agreement with, the victim even though he/she was under suspension of execution due to the same crime, it is necessary to strictly punish the defendant.

However, the Defendant’s confession and reflect on the instant crime, and appears to have the time to lodge himself/herself with detention life for about one month, and other circumstances, including the Defendant’s age, occupation, sex, the details of the instant crime, and the circumstances after the commission of the crime, shall be determined as ordered by taking full account of the following circumstances.