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A defendant shall be punished by imprisonment for six 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
1. Around 18:40 on September 16, 2016, the Defendant: (a) returned home by a police officer who was dispatched after receiving a report to avoid disturbance, such as taking advantage of toilets at the victim B (V, 56 years old) located in Guro-gu Seoul Metropolitan Government; (b) taking measures to return home by a police officer who was dispatched after receiving a report to avoid disturbance; (c) taking measures to avoid disturbance, such as taking back again at the above heading house on the same day; and (d) taking measures to return home by a police officer who was dispatched after receiving a report to avoid disturbance, such as intending to enter the said heading on the same day at around 20:17 on the same day.
2. On September 16, 2016, from around 19:39 to 19:56 the same day, the Defendant: (a) deemed the victim E (n, 54 years old) on the first underground floor of the Seoul Guro-gu Seoul, to be “a mobile phone store,” and (b) confirmed that the victim did not have a mobile phone inside the said multiples, and thereby interfere with the victim’s instant multi-media business by force by avoiding disturbance, such as provokinging the city cost without any special reason, continuing to take a bath at the end of China, without any justifiable reason.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement of B and E;
1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;
1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);
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. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and
2. Scope of the recommended sentences according to the sentencing criteria;
A. Basic and concurrent crimes (the same type and sentencing factors are the same, and therefore the same is the same), [the types of decisions] interference with business affairs [the person subject to special sentencing] mitigation factors: the mitigated range of punishment [the recommended area and the scope of recommended punishment], one month to imprisonment.