beta
Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 12:50 on August 17, 2019, the Defendant was unable to avoid disturbance for about 20 minutes because, without any reason, the Defendant repeatedly d'D' restaurant operated by the Victim C (L, 58 years of age) in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “D' restaurant”), she took a bath for the victim without any reason.
Accordingly, the Defendant interfered with the victim's above restaurant business by force.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. Application of statutes on site photographs;
1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, the choice of imprisonment;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of applicable sentences under law: One to five years of imprisonment;
2. Scope of recommendation [decision of types] according to the sentencing criteria: Prohibition of Interference with Business: [Type 1] There is no interference with business [the scope of recommendation field and recommendation range], basic area (the scope of recommendation field and recommendation range], and six months to one year and six months.
3. Determination of sentence: Imprisonment with prison labor for six months, suspension of execution for two years, taking into account all the conditions of sentencing, including the defendant's age, character and conduct, environment, and means and methods of committing a crime, the sentence shall be determined as ordered.
The defendant has been punished several times for violent crimes, but has committed a second offense.
It is not good that the crime committed by the Defendant is committed in that it causes anxiety to the general public and disturbs social order.
(k) has not been recovered from damage;
The defendant recognized and reflected the crime.
Although the defendant has a history of being punished by many crimes related to violence, all of them are crimes before 2007, and thereafter there is no record of criminal punishment in addition to punishment once for crimes related to violence around 2016.