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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
The defendant and the victim B (the 33 years old) are between the defendant and the victim (the 33 years old).
1. A special intimidation on December 2, 2016, the Defendant: (a) around 03:10 on December 2, 2016, on the ground that the victimized person was the victim’s residence in Seo-gu Incheon, Seo-gu, Seo-gu, Incheon, and was boomed with the other male. (b) as the Defendant was committing an act, which is a dangerous thing that the Defendant was drinking, and (c) may die if he drinks.
In addition, the male-gu difference shall be too wide and discarded.
“Intimidating the victim”, the victim was threatened.
Accordingly, the defendant carried dangerous objects and threatened the victim.
2. The Defendant damaged property at the time and place indicated in paragraph 1, and at the place, the Defendant collected 3 mobile phones from the Defendant’s jumal jumopian glass door installed in the damaged party’s residence, and damaged the free door owned by the Defendant to the extent that the repairing cost of KRW 200,000 was exceeded.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. B written statements;
1. Application of Acts and subordinate statutes to photographs at the damaged scene;
1. Relevant legal provisions concerning criminal facts, Articles 284, 283(1) (a) of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;
1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for the above two crimes is aggregated);
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 62-2 of the Criminal Act of the community service order;
1. Application of the sentencing criteria;
(a) Class 1 Crimes (Assaults) (Extent of recommended punishment) and Class 4 Crimes (Habitual, Cumulative, and Special Intimidation) and the basic area (six months to one year and six months) (a person who is subject to special sentencing) (a person who is subject to special sentencing)
(b) The scope of the final sentence due to the increase of multiple offenses, for which the basic area (4 months to 10 months) (no person subject to special sentencing) (no person subject to special sentencing) of Category 1 (Destruction of Property, etc.) is based on the general standard for the crimes of Category 2 (Destruction of Punishment): June to January 11.
2. The instant crime committed by the Defendant is committed against a female-friendly victim.