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A defendant shall be punished by imprisonment for not less than eight 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. On October 4, 2013, at around 18:55, the Defendant interfered with business, the Defendant obstructed the victim’s restaurant business for approximately 20 minutes of the following: (a) in the “E cafeteria” restaurant operated by the victim D (hereinafter referred to as 43 years of age) in Suwon-si, Suwon-si; (b) on the ground that the victim did not lend money; (c) “The Defendant borrowed money for a low-year period; and (d) did not lend money.”
2. The Defendant, in violation of the Punishment of Violence, etc. Act (a collective, deadly weapons, etc.) threatened the victim by showing the victim F (mason and 49 years old), who is the customer of the above restaurant, as the victim of the above restaurant, as the victim of the crime, as the knife of the Defendant, with the knife of the knife (25 cm length), on the ground that the victim F (mason and 49 years old) was the knife of the Defendant.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to D or F;
1. Application of Acts and subordinate statutes on seizure records and list of seizure;
1. Relevant Article of the Criminal Act, Article 314 (1) of the Criminal Act (Interference with Business Affairs, Selection of Imprisonment), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act concerning the crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., reflective agreements between the accused and the victim D);
1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Reasons for discretionary mitigation);
1. Probation and community service order under Article 62-2 of the Criminal Act;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;