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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. Special intimidation: (a) on July 28, 2015, the Defendant: (b) threatened the victim E (20) in front of Seo-gu Daejeon, Seo-gu, Daejeon on the ground that the victim E (20 years old) smokes tobacco in his/her neighboring place of residence; and (c) threatened the victim of a tree mone, which is a dangerous object used for a significant dispute, with his/her head, and accompanied by the victim’s head.
In other words, intimidation was made.
2. The Defendant, as seen above, destroyed the victim E, who was parked in a wooden steel mon, a dangerous object cited by the Defendant on the ground that he was in a dispute with the victim E, and caused the damage to its utility by putting the victim E, who was parked in a road on the road where he was located, and she did not participate in the flabing and continuously dissating the flab, which is a dangerous object at his home, and causing the damage to the flab so that the repair cost of the flab.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement of E and F;
1. Application of Acts and subordinate statutes to CCTV creation photographs;
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 284, 283(1) (special intimidation, choice of imprisonment), 369(1), and 366 of the Criminal Act (the point of destroying special property and the choice of imprisonment);
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of the recommended sentences according to the sentencing criteria;
(a) The mitigated area (4 months to 1 year) of the mitigated area (4 months from 4 months to 1 year) of the crime of intimidation (the scope of a recommended punishment) (the scope of a person subject to special mitigation)
(b) No punishment is imposed for the mitigated area (4 months to 10 months), the mitigated area (4 months to 10 months) of Class 1 (Habitual, repeated, special damage, etc.) (excluding special mitigation persons) habitually, repeated crimes, and special damage;
(c) The scope of final sentence imposed on multiple offenders: Imprisonment with prison labor for a period of four months to one year;
2. Determination of sentence of this case is disadvantageous to the fact that the nature of the crime in this case is not good, and that there is a record of punishment several times for violent crimes.
Defendant.