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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 14:00 on August 11, 2018, the Defendant found in the restaurant of “D” operated by the victim C, which was located in the Gyeonggi-si, Hanam-si, B, and ordered the beer, but the Defendant previously obstructed the restaurant business of the victim by force of the victim, such as the victim’s interference with the restaurant business, and the victim was punished by a fine due to the victim’s interference with the restaurant business. The Defendant 20 million won in the bladembed test, such as the clisher, the clicker, the clicker, and the clicker.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. Application of Acts and subordinate statutes to investigation reports, investigation reports, and telephone conversations for a witness;
1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act is very poor in light of the fact that the defendant committed the crime of this case again although he was punished several times with the previous case, and the place of business of the victim of the previous criminal case is found again.
However, in comprehensive consideration of all the factors of sentencing as shown in the records and arguments of this case, such as the fact that the defendant is against the victim, the fact that the defendant agreed with the victim, the age, environment, character and conduct, motive and means of the crime, and circumstances after the crime, etc., the punishment shall be determined