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A defendant shall be punished by imprisonment with prison labor for four months.
Reasons
Punishment of the crime
[Criminal Power] On August 23, 2019, the Defendant was sentenced to imprisonment with prison labor for the obstruction of performance of official duties by the Seoul Northern District Court on June 23, 201 and completed the execution of the sentence on February 19, 2020.
【Criminal Facts】
1. On June 11, 2020, at around 00:43, the Defendant expressed that “C” located on the 1st floor in Gangnam-gu Seoul Northern District, Gangnam-gu, Seoul, would be a vision for a victim D (manam, 50 years old) who has taken meals on other tables without any justifiable reason while under the influence of alcohol and his or her wife, which would cause a dispute, and would threaten the victim as if he or she would put himself or herself a dangerous object on the table, and as he or she would threaten the victim, he or she would die together with the bath.”
Accordingly, the defendant carried dangerous objects and threatened the victim.
2. The Defendant, at the time and place as described in the above 1.1. on the ground of the foregoing 1.1. on the same ground, was in conflict with the victim D (manam, 50 years of age) on the ground of the foregoing 1.1. on the part of the victim, was in line with her neck, and was in line with her hand, and was in line with her arms.
Accordingly, the defendant assaulted the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Statement made to D by the police;
1. A report on investigation (Attachment toCCTV images) and a photograph by capturing CCTV images;
1. Criminal records as stated in the judgment: Application of criminal records, inquiry reports (verification of criminal suspects' repeated crimes, judgment, etc.) and statutes;
1. Relevant Articles 284 and 283(1) of the Criminal Act, Article 260(1) of the Criminal Act and Article 260(1) of the Criminal Act, the choice of imprisonment for a crime;
1. Article 35 of the Criminal Act among repeated crimes;
1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes is that the Defendant did not commit the instant crime even though he was during the repeated crime period, and did not recover the damage or receive a letter from the victim.