[criminal history] On September 19, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for obstruction of business, etc. at the branch of the Changwon District Court on July 25, 2014, and completed the execution of the sentence at the detention center. On January 7, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for obstruction of business, etc. at the Changwon District Court on June 29, 2016, and completed the execution of the sentence at the detention center.

[Criminal facts]

1. On October 28, 2016, the Defendant avoided disturbance for about 30 minutes by force, and interfered with the victim’s restaurant business by force, such as: (a) in a △△ restaurant managed by the victim C in Jinju-si, under the influence of alcohol, taking the victim and his employees under the influence of alcohol, and going back to the restaurant; (b) talking about a large amount of sound; and (c) intending to keep the employee in charge of the accounting unit from taking a heavy bath while taking an object on the calculation unit.

2. On October 28, 2016, the Defendant: (a) sought the said restaurant in a drunken state around 16:40 on October 28, 2016; (b) avoided disturbance for about one hour; (c) obstructed the victim’s restaurant business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. Investigation report (to hear statements made by victims C);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, the current status of personal confinement, and each investigation report (the confirmation report during the period of repeated crime of the suspect, and attachment of the same and similar summary order to the same criminal records);

1. Article 314 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Aggravation of concurrent crimes: The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act; negative circumstances; - positive circumstances of the same repeated crime: In cases where the degree of interference with duties is insignificant, the amount of punishment shall not be imposed;