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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
On May 27, 2015, at around 00:15, the Defendant: (a) faced with the victim D (A. 59 years of age) in Guro-gu Seoul Metropolitan Government, Guro-gu, and the first floor; (b) obstructed the Defendant, without any reason, without any reason, while under the influence of alcohol, such as thrown with the will of the above packing horse, and sweeting the table, and sweet the sweet, which is an object dangerous to the horses; (c) laid the sweet, the victim was released before the outbreak of the victim; and (d) the victim drivened the victim with another sweet who had the escape.
Accordingly, the defendant, by force, interfered with the main business of the victim, assaults the victim by carrying dangerous objects, and threatened the victim by carrying dangerous objects.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. Application of statutes on photographs of damage;
1. Relevant Article 314(1) of the Criminal Act and Article 314(1) of the Criminal Act (Interference with business, Selection of Imprisonment), Articles 261 and 260(1) of the Criminal Act (Special Violence, Selection of Imprisonment), Articles 284 and 283(1) of the Criminal Act (Special Intimidation, Selection of Imprisonment) of the same Act;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act (Consideration of sentencing)
1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;
1. Interference with business;
(a) Determination of types of crime: Interference with duties;
(b) Determination of the scope of sentence: Reduction area, range to eight months (person who is a special mitigation offender: not subject to punishment);
2. Crimes of special violence:
(a) Determination of types of crimes: Types 6 of assault crimes;
(b) Determination of the scope of sentence: Reduction area, four months to one year and two months (a person who is a special mitigation offender: a person not subject to punishment);
3. Crimes of special intimidation.
(a) Determination of types of crimes: Types IV (Special Intimidation) for violent crimes;
(b) Determination of the scope of sentence: Reduction area, four months to one year (person who is a person subject to special mitigation: No person subject to punishment);
4. Criteria for handling multiple crimes: April to October (Provided, That this shall not apply in cases of a period less than one month);
5. The defendant who has rendered a ruling of sentence or suspension of execution;