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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 4, 2015, the Defendant kept the cell phone of the Victim F (61), a customer, at the E-cafeteria operated by himself/herself in the Busan Young-gu D apartment shop, and received 80,000 won as a reward for returning the cell phone from the victim who caused the aforementioned cell phone over this frame from August 5, 2015 and August 6, 2015, but instead received 80,000 won as a reward for returning the cell phone from the victim who caused the aforementioned cell phone over this frame, he/she did not return the cell phone and tried to request the victim to pay an additional honorarium.
On August 7, 2015, the Defendant found the said D Apartment No. 203 Dong119, a house of the victim around 16:00, and said, “Around August 7, 2015, the Defendant told the victim that “I will leave more than KRW 30,000 and offer KRW 80,000,000,000 to his/her father, and if I do not pay money, I will leave contact to his/her father,” but the victim’s “I would not even go against our will.
whether there is no reason to issue money or not.
When refusing to pay additional consideration in accordance with the phrase "I wish to pay money, I expressed my desire to "I will give money, we will do so, we see both sides of the victim, knee in the future, knee in two times, knee in the body of the victim's shock, knee in a number of times, knee in the victim's shoulder, knee and knee the victim's shoulder with the victim's shoulder, and the victim suffered injury, such as the mouth of the bones of the bones of the bones, which requires the treatment period for about 28 days, to the victim who has left fast on the wall.
Summary of Evidence
1. Each legal statement of witness F, G and H;
1. Each statement protocol with respect to F and G;
1. Application of Acts and subordinate statutes to investigation reports (a statement of transaction through the head of the Tong), diagnosis reports;
1. Article 257 (1) of the Criminal Act applicable to the facts constituting the crime, and Article 257 of the Criminal Act, and the choice of imprisonment;
1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] general injury (the scope of the recommended sentence] is to suspend the execution of imprisonment in consideration of the following: (a) the basic area (4 months to one year and six months) [no person subject to special sentencing] [no person subject to special sentencing]; (b) there is no record of punishment; and (c) the degree of damage caused by