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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On August 17, 2011, the Defendant was sentenced to two years of the suspended sentence to eight months of imprisonment with prison labor for interference with the performance of official duties at the Suwon Franchi, and on November 11, 201, the same court sentenced to two years of the suspended sentence to four months of imprisonment with prison labor for interference with the performance of official duties, and on August 16, 201, the same court was sentenced to ten months of imprisonment with prison labor for property damage, interference with business, etc. at the same court on August 16, 2012 and completed the execution of each of the above suspended sentence on December 21, 2012 after the judgment became final and conclusive, and the sentence of each of the said suspended sentence becomes void on May 30, 2014.
피고인은 2016. 8. 28. 17:40 경부터 같은 날 18:00 경까지 수원시 영통구 B에 있는 피해자 C 운영의 'D 식당 '에서, 그곳 종업원에게 냉면을 주문하자마자 “ 빨리 내와, 씨 발 왜 냉면 안 내오는 거야, 경찰 불러 이 새 꺄, 아직도 안 부르고 있냐.
“In doing so with a large sound, the disturbance interfered with the operation of the restaurant of the victim by avoiding the disturbance.”
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made to C prepared by the assistant judicial police officer;
1. Investigation reports (on-site CCTV) and CCTV inside a D cafeteria;
1. Previous convictions: Application of a reply to inquiry, such as criminal history, each investigation report (the results of the search of prisoners, current status of entry or departure, habitual criminal records, confirmation of the same criminal records and period of repeated crime), and the results of the search of persons subject thereto;
1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;
1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;
1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and
2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] interference with business, Type 1 (Interference with Business) [Special Sentencing] mitigation element] - In cases where the degree of interference with business is minor, the increased amount of punishment non-conforming factors - the area of mitigation of punishment [the scope of recommended punishment], one month to imprisonment, and eight months.
3. The following circumstances and the defendant's age, family relation, sex, environment, motive and circumstance of the crime, means and method of the crime, and crimes.