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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 12, 2014, the Defendant: (a) around 04:20, at the top of the Guro-gu Seoul Metropolitan Government Building B, the Defendant: (b) held that, while drinking alcohol, the Victim C (Nam, 30 years of age) who was seated together with a female-child Gu, and she was boomed with the snow, and that, without any justifiable reason, the Defendant would be “frighting,” and (c) said that the Defendant was “the same dead” as the victim C.
피고인은 그 곳을 지나가던 피해자 D(남, 27세)이 C의 여자친구의 “도와달라”는 말을 듣고 피고인을 쳐다보자 “뭘 봐, 씨발놈아”라고 말하고, 이에 피해자 D이 피고인을 제지하려고 하자, 깨진 콜라병으로 든 채로 피해자 D을 때리려고 하였다.
Accordingly, the defendant carried a shoulder call disease, which is a dangerous object, and threatened the victims.
Summary of Evidence
1. Defendant's legal statement;
1. Each statement of C, D, E, and F;
1. Application of Acts and subordinate statutes concerning studio photographs, DNA photographs, and crime scene photographs;
1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, and Article 283 (1) of the Criminal Act;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Where the scope of a recommended type of crime under the sentencing guidelines is subject to the mitigation area (including serious efforts to recover damage) or a considerable part of a reduced area (including April to one year), the punishment of a person who has been subject to special mitigation (including serious efforts to recover damage), or the considerable damage has been restored;
2. The crime of this case, which was determined to be sentenced, is an unfavorable circumstance to the defendant that the defendant carried a call-in disease, which is a dangerous object without any particular reason, and threatened victims with a high risk of the form and method of crime.
However, the defendant has led to the crime of this case and has been repented.