A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

【Criminal Records of Crimes】 On October 31, 2018, the Defendant was sentenced to a suspended sentence of two years on the six-month imprisonment with prison labor due to the charge of fabrication of securities at the Ulsan District Court, and the judgment became final and conclusive on November 8, 2018.

[Criminal Facts]

1. A special intimidation: (a) on July 15, 2020, the Defendant was under the influence of alcohol on the roads of “CMat” located in Ulsan-gu, Ulsan-gu, Ulsan-gu, Seoul-do, and was under the influence of alcohol on the roads of “CMat,” and was under the demand of the victim D (n, 68 years of age), who is a resident of the place where the Defendant was under the influence of alcohol, thereby threatening the victim with a finite disease, which is a dangerous thing used in his hand, and threatening the victim, and “on the part of time, fins, fins, and fins down.”

2. The Defendant assaulted the victim by having the victim go beyond the victim’s face by hand on the ground of the foregoing reasons at the time and place described in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. CCTV photographs, CDs, and each investigation report (related to the attachment of stowing E telephone conversations, on-site CCTV image data);

1. Previous convictions: Inquiry into criminal history, report on investigation (Attachment of a judgment of suspension of execution), and application of statutes of one copy of the judgment;

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act (a point of special intimidation), Article 260(1) (a) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Imprisonment with labor for one month to nine years;

2. Scope of the recommended sentences according to the sentencing criteria;

A. Group 1 Crimes (Special Intimidation) (Special Intimidation) No. 1 Crimes (Special Intimidation) / [Type 4] No person who is subject to repeated crime or special intimidation [Special Sentencing] [the territory of recommendation and the scope of punishment], the basic area of the crime, April of imprisonment through June;

B. The crime No. 2 (Assaults) is committed [the type 1] and there is no general assault [the scope of recommendations and recommendations] (the scope of recommendations and recommendations]. The basic area of the crime No. 2 (Assaults) [the determination of types] and the scope of punishment from February to October.