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Defendant shall be punished by a fine of seven million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On October 20, 2016, the Defendant was sentenced to imprisonment with prison labor for 6 months in Seoul Northern District Court, which was sentenced to a two-year suspended sentence, and this judgment became final and conclusive on the 28th of the same month.
around 17:00 on October 8, 2016, the Defendant avoided disturbance, such as: (a) finding alcohol in the coffee shop operated by the victim E in Seoul Special Metropolitan City, Nowon-gu; (b) cutting off the entrance, taking a bath, and taking a sound, without any justifiable reason; and (c) making the customers with the other table 30 minutes of puling.
Accordingly, the Defendant interfered with the coffee shop business of the victimized party by force.
Summary of Evidence
1. Statement by the defendant in court;
1. E statements;
1. Recording recording recording and reporting (victim E);
1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (verification of a case under trial of a suspect);
1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;
1. Scope of applicable sentences under law: Fines of 50,000 to 150 million won;
2. The fact that a person repeats a crime during the period of suspension of execution due to the determination of a sentence of punishment due to violent crimes, and that the records of punishment due to violent crimes are more than 30 times, including five times of imprisonment, is disadvantageous.
On the other hand, it is advantageous to the fact that the degree of interference with business is not strong, that the injured party appeals to the defendant's preference by agreement with the injured party, that it is necessary to consider equity in determining punishment in relation to the relation of crime of interference with the above business, which has become final and conclusive, and that it begins drinking treatment after the crime of this case and does not repeat the crime.
In light of the above circumstances, the sentencing conditions, such as the defendant's age, sex, environment, etc., shall be determined only once, and the punishment is determined as ordered.