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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 became final and conclusive.
Reasons
Punishment of the crime
On August 22, 2016, the Defendant expressed the victim’s desire to “whether the card was discharged from a bank in a soft, scam, scams, scams, scams, etc.” to the victim under the influence of alcohol even though the Defendant paid the drinking value at the drinking house operated by the victim C (n, 37 years of age) in Daegu-gu, Daegu-gu, for the purpose of paying the drinking value at the drinking house, and interfered with the victim’s drinking business by force by forcing the victim to out of the cambling by taking advantage of the following: (a) whether the card was discharged from a bank; (b) the card was performed in a soft form; and (c) the cambscams, scam, scams, etc.”
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Application of statutes on field photographs;
1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, the choice of imprisonment;
1. Reasons for the sentencing of Article 62(1) of the Criminal Act [the scope of recommending sentence] [the grounds for sentencing] under Article 62(1) of the Act on the Suspension of Execution [the scope of recommending sentence] interference with the business, the area of mitigation (one month to eight months), the area of mitigation (special mitigation] [the decision of sentence] is not subject to punishment (the decision of sentence]. There are several criminal records against the defendant.
The defendant is against the principle of good faith.
The victim does not want to punish the defendant.
In addition, the sentencing conditions specified in the trial process of this case, such as the defendant's age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime, shall be determined as ordered.