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A defendant shall be punished by imprisonment for not less than eight months.
except that 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 July 4, 2014, around 05:10 on July 4, 2014, the Defendant drinking alcohol at “E” at the main point of “E” located on the D 1st floor in Gangseo-gu Seoul Metropolitan Government D, but C had a dance in the future of the above main point, and taken it into his cell phone.
The victim F (the 33 years of age) who sing at the above stage thought that the victim F (the 33 years of age), who singing at the above stage, took his or her own photograph, and the defendant and the horse fighting occurred while resisting the defendant, sing the beer and broken the beer's disease before the stage.
Accordingly, the Defendant shouldered two beer who were on the table with each other, and showed beer’s disease by stating that the victim is “the victim shall be able to do so so” to the victim.
As above, the Defendant citing a shoulderer’s disease, which is a dangerous object, and expressed the attitude as to harming the body of the victim, and threatened the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol concerning the examination of partial police officers of the accused;
1. Statement of the police statement concerning F;
1. A written statement;
1. Application of Acts and subordinate statutes to one CCTV video recording CDs;
1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned and Article 283 (1) of the Criminal Act (the occupation of intimidation, such as a group, deadly weapon, etc.);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The reason for sentencing under Article 62(1) of the Criminal Act [Scope of Recommendation] The case where the degree of special mitigation [2-1 year] is minor (1,4, and 5 years), the case where considerable damage was recovered (1,4, and 5 years), the case where the defendant has no criminal power other than once the fine power of this kind of crime, the defendant is deemed to have committed the crime of this case by a sculpting the victim's disease, and the defendant voluntarily denied some of the crimes.