A defendant shall be punished by imprisonment for not less than eight 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.

Criminal facts

On May 10, 2017, at around 15:00, the Defendant demanded money from the Seodaemun-gu Seoul Building and the Defendant’s house located in the fourth floor to the her mother C (M, 73 years of age) who is the mother, but, on the ground that the victim was not aware of money, the Defendant was at the right end of the victim’s right end due to drinking and launching, where the victim was unable to know of the number of days of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the police statement protocol, photographic statute to C

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Articles 257 (2) and 257 (1) of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Protection observation: Reasons for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act;

1. The scope of punishment by sentence: Imprisonment with prison labor for not more than ten years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Determination of types: Violence crimes, general bodily injury, and one type (general injury);

(b)Special sentencing factors: mitigation factors - Insignificant injuries, penalties not to be imposed / aggravation factors - the victims of respect.

(c) The scope of recommendations and recommendations: Reduction field, imprisonment of two months to one year; or

3. Determination of sentence: Imprisonment with prison labor for eight months, and two years of conditional suspension of execution of protection observation and conditional suspension of execution, appears to have continued violence against the mother of the defendant, and if considering that the defendant has a lot of records of violent crimes, the defendant should be punished strictly.

However, in consideration of the fact that the victim does not want the punishment of the defendant who is the victim, the detention of the defendant is likely to involve excessive difficulty for his dependants including the victim, and the defendant has no record of being sentenced to a fine or heavier punishment since 1994, the punishment as ordered shall be determined by giving the defendant an opportunity to repeat it as a sound member of society.