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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On January 19, 2017, from around 23:30 to 01:00 of the same month, the Defendant: (a) sent the victim C’s “D in Ansan City” operated by the victim C from around 23:30 to around 01:00 of the same month; (b) sent the victim the victim’s inception that “I wish to be asked for accommodation expenses pushed by the damaged; (c) he was under the influence of alcohol that “I am grings, grings, grings, short of money; and (d) I am gling in the inception because I am, I am grings, and reported, I am gring in the domin, thereby obstructing the victim’s inception business by force.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the police statement protocol law to C
1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act concerning facts constituting an offense;
1. Circumstances in favor of the reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter the following grounds for sentencing) are favorable: The Defendant acknowledges and reflects his/her mistake.
In agreement with the victim, the injured party does not want the punishment of the defendant.
There is no record of crime between the recent five years for the defendant.
Unfavorable circumstances: The defendant has been punished several times by a fine due to the same type of criminal record in which violence is exercised, and the case has again been committed.
In addition, the sentencing conditions specified in the records and arguments, such as the defendant's age, sex and environment, motive, means and result of the crime, the circumstances after the crime, etc., shall be determined as ordered.