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A defendant shall be punished by imprisonment for a period of five months.
Reasons
Punishment of the crime
【Criminal Power】 On August 29, 2017, the Defendant was sentenced to a suspended sentence of two years on September 6, 2017 by the Ulsan District Court for the crime of destroying and damaging special objects, and the judgment became final and conclusive on September 6, 2017. However, on February 22, 2018, the said suspended sentence was revoked, and the execution of the sentence was terminated at the port prison on September 27, 2018.
【Criminal Facts】 2020 Highest 1473】
1. Around September 26, 2019, the Defendant: (a) 22:55 on September 26, 2019, the Defendant: (b) expressed the victim D (at the age of 24) who had been drinking beer together with his/her her friend with his/her her friend, “I am at I ams, I ams, I ams, I ams, I ams, I ams,” without any other reason; and (c) made intimidation by going beyond the beer cans, I am bling the victim with his/her friend with his/her friend, and her frighten, I am.
[200 Highest 3065]
2. At around 11:50 on June 28, 2020, the Defendant: (a) entered the victim F (n, 58 years of age) in Ulsan-gu E in front of the house of the victim F (n, f, 58 years of age); and (b) stolen the victim with a double wave equivalent to KRW 20,000 at the market price located therein.
Summary of Evidence
1. The defendant's legal statement "20, 1473";
1. Written statements of D;
1. Investigation report (Attachment of a photographic tool of a police officer on the spot and CCTV photographs) 2020 Ma3065;
1. A written statement;
1. Application of Acts and subordinate statutes to inquiries, such as CCTV screen [before the market] criminal records, investigation reports (change of the rate and confirmation of repeated crimes) and criminal records;
1. Relevant Article 283(1) of the Criminal Act, Article 329 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;
1. Article 35 of the Criminal Act among repeated crimes;
1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;
1. Scope of punishment by law: Imprisonment with labor for one month to nine years;
2. Scope of recommended sentences according to the sentencing criteria;
(a) Class 1 Crimes (Intimidation) [Determination of Punishment] Crimes, 04. Intimidation [Type 1] There is no general intimidation [Special Intimidation] [the scope of recommendations and recommendations], and imprisonment.