A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

On August 9, 2016, the Defendant was sentenced to 8 months of imprisonment with prison labor and 200,000 won of fine in the Gwangju District Court's Net Branch on April 7, 2017, and completed the execution of imprisonment with prison labor in the Gwangju District Court.

Ex officio, the Supreme Court and the Pronouncement of the Judgment were revised and recognized as criminal facts (see, e.g., the list of evidence Nos. 8, 10). The Defendant, at around 03:00 on March 18, 2018, was a victim C (V, 45 years old) who performed drinking at the entertainment main point of the “D” in the operation of the victim C (V, 03:00 on March 18, 2018.

In other words, it interfered with the victim's main duties by force between about 30 minutes, such as using the phone and credit card calculating machine in a household account room in hand to the floor so that it can be cut off, and thus interfered with the victim's main duties by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on internal investigation (on-site conditions, etc.);

1. One on-site photograph;

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal history, copy of the text of the judgment, and one copy of the personal confinement status;

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act provides that a person whose reason for sentencing has been aggravated repeated crimes does not want the punishment against the defendant, and that the defendant reflects the defendant's mistake, etc. shall be considered as favorable circumstances.

On the other hand, considering the following circumstances: (a) the Defendant was able to have criminal records of the same kind and violence; (b) the Defendant again committed an offense of interference with business during the period of repeated crime without being aware of the fact that he/she was punished by imprisonment with prison labor due to his/her repeated crime; and (c) the degree of damage is not easy.

The punishment shall be determined as ordered by comprehensively taking into account such circumstances as the defendant's previous conviction, age, family environment, motive and circumstance of the crime, and circumstances after the crime.