A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On September 13, 2017, around 01:55, the Defendant: (a) obstructed the victim E (38 tax) from driving the vehicle on the street in front of the D convenience store located in Seoul Special Metropolitan City, Nowon-gu; (b) demanded the victim to leave the vehicle without any reason; (c) caused the victim’s defect in the 112 report that “I would die without the phone,” and (d) caused damage to the victim’s character and strawing of the other parts that require approximately two weeks of treatment.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] general injury (the scope of recommendation] does not exist [the person subject to special mitigation] [decision of sentence] [the person subject to special mitigation] of the crime of this case committed by the victim without any reason. However, although the crime of this case committed by the victim without any reason is criticized, the defendant is recognized of mistake and is against depth, the defendant newly opens a new specialized point and lives faithfully. In addition, the defendant's age, sexual behavior, motive and means of the crime, circumstances after the crime, etc. are considered, and the punishment is determined as ordered by the order.