A defendant shall be punished by imprisonment for not less than three months.

Punishment of the crime

[criminal history] On May 12, 2016, the Defendant was sentenced to six months of imprisonment by larceny, etc. at the Seoul Northern District Court (Seoul Northern District Court) on September 6, 2016, and completed the execution of the sentence at the Dong House in Seoul East District Court.

[2] On June 8, 2017, at around 13:00, the Defendant tried to leave the construction site at the site of the building removal site located in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, and was placed at the site, the Defendant, under the influence of alcohol, took a bath for the victims C et al., who are employees of the construction site and performed the said construction, and prevented dump trucks from going to the construction site at the entrance for about 30 minutes.

Accordingly, the Defendant interfered with the victim C’s field management work by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. C’s statement;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of grounds for detention related to the current status of detention of the suspect);

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

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to ten years;

2. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] shall interfere with the affairs, and the basic area (referring to six months to one year and six months) (referring to any person who has no special sentencing seal).

3. The fact that the degree of interference with the decision-making process of sentence is not severe is advantageous.

The fact that a repeated crime was committed during the period of repeated crime, and that the past record of criminal punishment exceeds 50 times including imprisonment with prison labor, in addition to the above repeated crime, is disadvantageous.

In consideration of the sentencing conditions, such as the age, sex and environment, etc. of the accused, the lower limit of the sentencing criteria shall be set as the order of the sentencing.