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A defendant shall be punished by imprisonment for six 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
1. Around 01:20 on October 30, 2013, the Defendant acquired the food equivalent to KRW 50,000,00 in total market value by taking the Defendant’s order from the victim, even though the Defendant did not have the intent or ability to pay the price even if he received the alcohol from the victim even if he received the alcohol from the victim, and by taking the 10,000,000 won of the market value by taking the 10,000 won of the 10,000,000 won of the city.
2. The Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) committed a threat to the victim’s body by failing to pay the alcohol value as above at the time and place specified in paragraph (1) by causing the victim to face with gas bags by breaking the shoulder with his/her strings, following the strings, following the strings, and intending to throw away the glass cup, which is a dangerous object, in his/her hand, with the victim’s hand, and then intending to cause harm to the victim’s body.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Receipts:
1. Investigation report (or relative investigation, etc. of a victim);
1. Application of Acts and subordinate statutes to a report on investigation (verification as to whether or not paying the drinking value at the time);
1. Article 347(1) of the Criminal Act applicable to the crime, Article 347(1) of the choice of punishment (Fraud, Selection of Imprisonment with labor), Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, and Article 283(1) of the Criminal Act (a) of the Criminal Act;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that damage caused by criminal conduct is relatively minor, the defendant reflects the fact that the defendant, and the victim does not want the punishment under an agreement with the defendant);
1. Article 62 (1) of the Criminal Act on the suspension of execution (Discretionary considered in discretionary mitigation);
1. Probation and community service order under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation,