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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 23:20 on December 29, 2018, the Defendant: (a) expressed the words “C” from the Victim D (P, 53 years of age); and (b) expressed that “C” located in Yangsan-si B, the Defendant interfered with the business of the Victim’s main store for about 30 minutes by force, namely, “Iskh, Ish, Ish, Ish, Ish, Ish, Ish, and Ish, Isn., Isn., Isn., Isn., Isn., Isn., Is., Is., Is.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Investigation report (the No. 11 of the evidence list);
1. Application of Acts and subordinate statutes of the 112 Reporting Case Handling List;
1. Article 314 (1) of the Criminal Act applicable to the crimes and Article 314 (1) of the Election of Imprisonment or Imprisonment;
1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for the remaining sentence”), which is favorable to the defendant;
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the nature of the crime is not good in light of the law and form of the crime, the circumstances at the time of the crime, etc., the power and obstruction of business is not weak, and the crime of this case was committed several times by the same crime and violent crime, but the responsibility for the crime of this case is not easy, and the possibility of criticism is not small, etc., and the defendant seems to have committed the crime disadvantageous to the defendant, or the defendant's attitude to recognize and reflect the crime. The victim and the victim did not want the punishment against the defendant before the prosecution, the victim and the victim do not want the punishment against the defendant, there is no criminal record exceeding the fine, and the health status is not good.
In addition, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, such as the age, character and conduct, environment, motive and consequence of the crime, circumstances after the crime, etc. and the conditions of the punishment as shown in the pleading.