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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal records] On February 3, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for interference with business affairs at the Seoul Southern District Court, and the suspended sentence was revoked on September 22, 2016 during the suspended sentence. On October 28, 2016, the Defendant was sentenced to four months of imprisonment with prison labor for interference with business affairs at the Seoul Southern District Court and completed the execution of the said sentence on December 10, 2017.
[2] On March 7, 2018, the Defendant: (a) around 13:20 on March 7, 2018, at the convenience store operated by the victim D (E) in Bupyeong-gu Incheon Bupyeong-gu, Incheon, without any justifiable reason, she saw the victim as “E”, and (b) took the victim’s horse, she took the horse, and thereby, threatened the victim with “the victim, she will throw away from the horse, she will do so, she will do so, she can do so, she can do so, and she can do so.” (c) At the convenience store operated by the victim D (E) of the victim D (E), and customers left from the above convenience store.
Accordingly, the defendant interfered with the convenience store business of the victim by force.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. On-site photographs;
1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal history, one copy of the judgment, and one copy of the confinement status of each individual;
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. The scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines and the scope of business obstruction [the scope of the recommended punishment] shall be the area of mitigation (one month to eight months] (special mitigation) and the area of mitigation (special mitigation) / Non-members of the same repeated crime;
2. The Defendant appears to have led to the confession of crimes and reflect his mistake.
The victim expressed his/her intention not to be punished against the defendant in the investigative agency.
However, the defendant has a past record of criminal punishment on six occasions, and is currently serving.