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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 19:00 on April 18, 2019, the Defendant sought to get money to the beauty room operated by the victim C in Scamb, but the victim refused to get money, thereby obstructing the business of the victim's beauty room by: (a) making it difficult for the victim to get money to get money to the beauty room; (b) making it difficult for the victim to see, “Scam and talk,” and the victim requested her husband to get a telephone, and then see, “the victim so requested her husband to get a telephone,” and then knife, knife, knife, knife, knife, knife, knife, and knife, knife knife knif, and knife knif.”
Summary of Evidence
1. Partial statement of the defendant;
1. C’s written statement, written D’s statement, and written statement to the effect that the Defendant did not generally recognize the facts charged but did not speak “knife”. However, according to the victim and witness’s statement, it can be acknowledged that the Defendant made intimidation as to the facts charged.
1. Application of Acts and subordinate statutes 5 in Table 112 of the 112 Reporting Case Handling Table;
1. Article 283 (1) of the Criminal Act applicable to the relevant criminal facts and Article 314 (1) of the Criminal Act;
1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishments imposed on the more severe punishment for the crime of interference with business);
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;
1. Scope of applicable sentences under law: One to five years of imprisonment;
2. Scope of the recommended punishment according to the sentencing guidelines (in reference to the matters concerning the more severe punishment among the ordinary concurrent crimes), [decision of the type] interference with business: Obstruction of business [Type 1] interference with business [Special Convict]: Reduction element: Where the degree of power, deceptive scheme or the degree of interference with business is minor [the scope of the recommended area and the range of the recommended punishment] mitigation area, one month to eight months of imprisonment.
3. Determination of sentence;