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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
The Defendant, who runs a construction business, requested a discount on bills to the victim B (the 49-year-old age), but at around November 20, 2018, when the Defendant did not receive money, threatened the victim with “D” camera located on the 1st floor of the Seocho-gu Seoul Metropolitan Government building, with the victim’s “not giving money after the lapse of time.” The bill re-returns the bill,” while carrying the cost in the city with a net (the total length of 42 cm) which was kept in the Defendant’s vehicle, and then enrovings the victim and the victim with “To die, die, kills, and quid, die, die, and die.”
Accordingly, the defendant carried dangerous objects and threatened the victim.
Summary of Evidence
1. Defendant's legal statement;
1. B written statements;
1. Seizure records;
1. Application of the antipact and photographic Acts and subordinate statutes used for crimes;
1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Reasons for sentencing under Article 48 (1) of the Criminal Act;
1. Application of the sentencing criteria [Scope of Recommendation] Types IV (Cumulative Intimidation and Special Intimidation) and the mitigation area (two to one year) (including special mitigation persons) of the mitigation area (including serious efforts to recover damage);
2. According to the sentence decisions, the sentence is to be imposed in full taking account of all the circumstances constituting the sentencing conditions indicated in the records of this case, such as the following circumstances and the Defendant’s age, character and conduct, environment, motive and consequence of the crime, and circumstances after the crime.
The defendant's unfavorable circumstances: (a) the defendant citing a dangerous object, and threatened the victim, and the nature of the crime is not weak; (b) the victim seems to have caused considerable threats; (c) the circumstances favorable to the fact that there was criminal punishment prior to the crime of this case: recognition of the crime; (d) reflects and agree with the victim; and (e) it is somewhat somewhat.