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A defendant shall be punished by imprisonment for seven 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 October 30, 2014, the Defendant was sentenced to a suspended sentence of two years on the grounds of injury and insult in the Suwon District Court’s Pyeongtaek Housing Site, and the judgment became final and conclusive on November 7 of the same year.
1. Around 00:30 on August 11, 2014, the Defendant, at the entrance of the D club located in Gangnam-gu Seoul, proposed the Defendant to park the vehicle owned by the Defendant at the entrance of the club, who was subject to the control of the club from the victim E (the age of 22), who is a security personnel, at the entrance of the D club in Gangnam-gu Seoul, to park the vehicle at the entrance of the club, and the victim was threatened by the Defendant stating that the knife, which is a dangerous weapon, is approximately 9 cm in the driver’s seat, knife and the knife, the knif of which is a deadly weapon, “
2. On August 11, 2014, from around 00:30 to 01:00 on the same day, the Defendant interfered with business, on the ground that the Defendant was unable to enter a club at the entrance of the victim FC located in Gangnam-gu Seoul, Seoul, by parking the vehicle at the entrance of the club and preventing the Defendant from entering the club for about 30 minutes, thereby interfering with the victim’s club business by force.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Each statement of E and F;
1. Records of seizure and the list of seizure;
1. The statement concerning F;
1. The case summary agreement assistant council;
1. Application of statutes governing judgment;
1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 314 (1) of the Criminal Act;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
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. Taking into account the fact that the reason for sentencing under Article 48(1)1 of the Criminal Act requires and reflects his mistake, the agreement with the victim, and the equity in the case where the first head of the crime was tried together with the final judgment