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A defendant shall be punished by imprisonment for not less than eight 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. From May 2017, the Defendant received notification by police officer on July 2, 2017 from the victim B (here, 36 years of age) who was in close vicinity with one another, from around May 2017.
At around 14:30 on July 23, 2017, the Defendant returned to the victim on the roads located in Suwon-si C, Suwon-si, a place where the victim’s house is located.
After putting the victim into the top of DKan-Pack car, the phrase “a defect in the coffee shop in a water source”, “a defect in the coffee shop in a water source,” went about about 50 km from the victim’s demand, and 30 km from the victim to the front of the defendant’s home in Asan-si, thereby preventing the victim from getting off the car.
Accordingly, the defendant detained the victim.
2. On July 23, 2017, the Defendant of special intimidation: (a) around 15:30, Asan City E 202 at the Defendant’s house; (b) upon the said victim’s request for a separate judgment, 1 knife knife and 1 knife, which are dangerous objects under the following knife:
The plaintiff shall set on the singke and the victim shall no longer lose the "B".
In the case of intimidation and fear, it was called 'the country'.
Accordingly, the defendant carried dangerous objects and threatened the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to B;
1. A written statement;
1. Characteric message photographs;
1. Application of Acts and subordinate statutes to report on investigation (to hear statements of victims);
1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act (the occupation of intimidation to carry dangerous articles), Article 276(1) of the Criminal Act (the occupation of confinement) of the Criminal Act, and the choice of imprisonment with prison labor for the 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. In light of the reasons for the imposition of punishment under Article 62-2 of the Criminal Act and the method of each of the crimes of this case, it is necessary to strictly punish the defendant due to the very poor nature of the crime.
However, the fact that the defendant recognizes the crime and reflects the mistake, that the defendant has agreed with the victim, and that it is more severe than the fine.