Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Special intimidation: (a) on October 11, 2016, the Defendant: (b) on the ground that the victim D (58 taxes) at the victim D (58 taxes) restaurant operated by D (E) on Seopoposi C around 16:21 on October 201, 2016 prevents the victim from smoking in the restaurant without drinking alcohol on the part of the Defendant; (c) the kitchen gate (33cm in total length, 21cc in the knife) which is a dangerous object previously possessed by the Defendant; and (d) the victim, “the death of the victim” shall be discarded.
"In large interest," expressed the attitude that the victim seems to pose a threat to the life and body of the victim, such as large interest, etc.
2. At the same time as in the preceding paragraph, the Defendant: (a) obstructed the victim’s restaurant business by force for about 10 minutes, by taking advantage of the fact that the Defendant, at the same time as in the preceding paragraph, takes a large amount of public bath and throwing the water reservoir in the bottom of the restaurant.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to D or F;
1. G statements;
1. A report on internal investigation (on-site mobilization status, etc.);
1. Police seizure records and list of seizure;
1. Application of statutes on site photographs;
1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act (a point of special intimidation), Article 314(1) (a) (a point of interference with business) of the Criminal Act, and each choice of imprisonment with prison labor;
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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;
1. The scope of the recommended punishment according to the sentencing guidelines shall be limited to one crime [the scope of the recommended punishment] [the scope of the recommended punishment] subject to the aggravated punishment of multiple crimes (one month to eight months) subject to the mitigated area (4 months to one year), (including a person who has been specially mitigated), which is not subject to a punishment (including a serious effort to recover damage), or where considerable damage has been recovered, the scope of the recommended punishment [the scope of the recommended punishment] subject to the mitigated area (one month to eight months), subject to the mitigated area (including a serious effort to recover damage) (one month to eight months), subject to the mitigated area (including a person who has been specially mitigated), subject to the aggravated punishment (including a serious effort to recover damage): the final sentence according to the aggravated punishment by multiple crimes subject to the aggravated punishment of the mitigated amount of punishment (including a serious effort to recover damage): April to one year and April 2.