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A defendant shall be punished by imprisonment with prison labor for up to six months.
Of the facts charged of this case, the prosecution against assault is dismissed.
Reasons
On January 19, 2018, the Defendant interfered with the safety management of the victim E (40 years of age) society by force by avoiding the disturbance of about 40 minutes, such as under the influence of alcohol, in the “Korea Mar society Incheon D D Branch,” located in Incheon, around 13:20 on January 19, 2018.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A report on internal investigation:
1. Application of Acts and subordinate statutes to report on investigation (to listen to telephone statements by reference E and reference F);
1. In full view of the relevant legal provisions regarding criminal facts, Article 314(1) of the Criminal Act regarding the selection of punishment, the following circumstances for sentencing of imprisonment, and other conditions for sentencing, including the Defendant’s age, sex, environment, motive and circumstances of the instant crime, means and methods, and circumstances after the instant crime was committed, the same sentence as the order shall be determined.
The crime of this case was committed under the influence of the Defendant, by entering the "Korea Marin Incheon D Branch" while under the influence of alcohol, thereby obstructing the safety management affairs of the Marin society of the victim E by force by avoiding disturbance, and committing noise, and in light of the circumstances, contents, and interference time, etc., the criminal quality of the Defendant is not good. In particular, the Defendant was punished for the same crime under the influence of alcohol on December 25, 2016, by entering the above Min society D Branch under the influence of alcohol and obstructing the safety management affairs of the victim by force, etc. from Oct. 17, 2016 to May 1, 2017, and was indicted with a total amount of five times of interference with duties by force, and was sentenced to a fine of a fine of 900,000,000 won on September 15, 2017, and recognized that the Defendant committed the crime of this case and the Defendant committed the crime of this case under the agreement to commit the crime of this case with the victim.