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A defendant shall be punished by imprisonment with prison labor for four 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 19, 2018, around 03:40 on August 19, 2018, the Defendant cited the excessive amount of the dangerous object, for the reason that the Defendant had expressed a desire from the injured party while engaging in a rash dispute with the victim D (50) who is a substitute driver due to the substitute driving in the south-gu Incheon Metropolitan City as an agent, as well as the victim D (50).
“Intimidating the victim”, the victim was threatened.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes of D;
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The basic area (4 months to 1 year and 6 months) of the sentencing criteria [the scope of recommended punishment] and the basic area (4 months to 1 year and 6 months) of the crime of intimidation;
2. The criminal defendant who has rendered the sentence shall take excessive steps in a narrow vehicle;
In order to threaten the victim, who is an acting driver, and the escapeer is driving the victim and driving the victim, and the victim seems to have been frighted with considerable shock and fear.
Damage has not been recovered.
However, the victim was driving by proxy from Incheon to Seoul, and the defendant was returned to Incheon again because he was not aware of his address, and the defendant was aware of the fact that he returned to Incheon again, and there are circumstances to be considered in the process of the crime of this case, and it seems to be contingent crimes.
In addition to the punishment of a fine for a violation of the Punishment of Violences, etc. Act (at night) in 2005, the defendant has not been punished for the same kind of crime.
In full view of the above circumstances, the punishment as ordered shall be determined as above.