A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On May 30, 2018, the Defendant was sentenced to one year of imprisonment with prison labor at Seoul Southern District Court for the crime of interference with business, etc., and on March 4, 2019, the Defendant completed the execution of the sentence in Seoul Southern Prison.

1. Around 11:20 on Jan. 21, 2020, the Defendant: (a) sold music CDs by inserting a board on the front side of Yeongdeungpo-gu Seoul Metropolitan Government, and (b) took a brupt (30cm in length, approximately 21cm in length, about 5cm in height, 5cm in length), a dangerous object prepared in advance, in which the victim N (Nam, 74 years of age) reported himself/herself in the past; and (c) took a brupt and brick (5cm in length, about 21cm in height, 5cm in length), and damaged twice in a brupt; and (d) 15,000 music CDs in an amount equivalent to the market price owned by the victim.

Accordingly, the defendant carried dangerous things and damaged the victim's property and damaged its utility.

2. The Defendant obstructed the Defendant’s business by force for about 10 minutes, such as taking a bath at the time and place specified in paragraph (1) and walking a screen operated by the victim due to his/her appearance, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Police statement;

1. Written statements;

1. Investigation report (the result of analysis of CCTV images at the site);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports;

1. Relevant provisions of the Criminal Act and Articles 314 (1) (Interference with Business, Selection of Imprisonment), 369 (1), 366 (1), and 366 of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. One to fifteen years in prison labor for the range of punishment by law;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 (Interference with Business) Crimes (Determination of Punishment) and Interference with Business (Type 1) [Attachment 1] Obstruction of Business: Aggravated element: A motive for committing a crime that may be criticized, a repeated crime of the same kind (the scope of recommending area and recommending range), imprisonment with prison labor;