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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On December 6, 2017, at around 15:23, 2017, the Defendant: (a) rejected the victim D’s “E” operated by the victim D in Busan Northern-gu, Busan; and (b) refused to provide alcohol, tobacco, etc. to F, an employee of the said place on credit; (c) the Defendant: (a) committed theft with the total amount of KRW 7,300,00,000, including Plaintiff A, etc., of the market price of which is equivalent to KRW 2,500,000, posted on the calculation platform by taking advantage of the gaps in which goods are disposed of within the said F. F.
2. A special intimidation: (a) around December 6, 2017, on the ground that the Defendant continued to refuse credit from the above F on the ground that he/she was aware of such refusal, the Defendant used a knife (25cm in length, 13cm in length) which is a dangerous object at the Defendant’s home and re-explosion on the mat, and displayed the knife attached to the above victim D (nife, 51 years in age), which was located in the said F, and expressed the knife attached to the said victim D (nife, 51 years in age), and threatened the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Protocol and list of seizure;
1. The application of each photograph, and the application of Acts and subordinate statutes to criminal investigation reports;
1. Relevant Article 329 of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, and choice of imprisonment with prison labor for a 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. Article 62 (1) of the Criminal Act on the suspended execution;
1. Protection observation and treatment order: Article 62-2 of the Criminal Act; Article 2-3 Subparag. 2 and Article 44-2 of the Medical Care, Care, Custody, etc. Act (Recognizing that there is a habit of drinking alcohol to the accused; and the necessity to receive the risk of reoffending and the need to undergo the medical treatment in light of the criminal records, etc. of the accused);
1. The punishment for sentencing under Article 48(1)1 of the Criminal Act, which is not against the nature of the crime of this case for the reason of sentencing, shall also be taken into account, but against the nature of the crime, the agreement with the victim, and the fact that there is no record of excess of the fine.