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A defendant shall be punished by imprisonment for not less than three months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On October 3, 2018, the Defendant: (a) at the main point of “D’ operated by the Victim C (Woo, 45 years old) located in B (Woo) on October 3, 2018; (b) and without any particular reason, “D” in the influence of alcohol, the Defendant shall pay the alcohol value.
“Around 30 minutes of the disturbance,” she dumped the floor by pushing himself/herself with the main liquor on the table of his/her table, shumping the drinking mar, she returned to the other customers, hump, and dumping the disturbance for 30 minutes of the disturbance, and let the customers leave the room.
Accordingly, the defendant interfered with the victim's main business by force.
2. The Defendant, at around 04:00 on October 3, 2018, found again at the main points specified in the above 1. that he/she operated by the Victim C (M, 45 years of age) around 04:0, without any particular reason, would die in knife.
“To throw away fire” and “to throw away fire.”
For about 10 minutes, such as referring to sound and obsing, so as to avoid disturbance, thereby making customers leave the place.
Accordingly, the defendant interfered with the victim's main business by force.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made to C;
1. Application of C’s written laws and regulations
1. Article 314 (1) of the Criminal Act, and the choice of punishment for the crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. One month from the scope of the recommended sentence to one year (unlimited to the penalty);
2. The fact that a new criminal act was found after the first sentence was determined, and the records of punishment for the same kind of crime were considered disadvantageous circumstances.
However, it shall be considered in favorable circumstances, such as the fact that the Si is dead and reflect, and the fact that the victim does not want the punishment of the defendant.
In this context, the sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, sex, and environment, shall be determined by comprehensively considering all the sentencing conditions.