A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On June 16, 2016, the Defendant was sentenced to four months of imprisonment for the crime of injury at the Incheon District Court, and completed the execution of the sentence at the Incheon Detention House on October 15, 2016.

On June 24, 2017, at around 15:55, the Defendant obstructed the victim’s restaurant business by force by avoiding disturbance between approximately 30 minutes, such as taking a large amount of public bath to the victim and the restaurant employees, putting him/her with his/her chair, and destroying the public beer’s disease on the floor, on the ground that the victim and the restaurant employees refused the Defendant’s request.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. On-site photographs;

1. Previous convictions: Application of inquiry statements, such as criminal history, and criminal records and repeated crimes;

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. Sentencing criteria: Class 1 (Interference with Duties) area (i.e., month to August) mitigated (special mitigation/increased) (i.e., punishment of persons who are mitigated or aggravated), non-members of the same kind of repeated crime;

2. The nature of the crime of this case is heavy in light of the number of crimes, attitudes, degree of damage, etc.

The defendant has been punished several times by imprisonment, suspension of the execution of imprisonment, and fine due to the same crime of violence, including the crime of interference with business, and in particular, even though he/she is a repeated crime due to the crime of injury.

Therefore, the defendant is sentenced to imprisonment.

However, the fact that the defendant is recognized as committing the crime, the fact that the victim does not want the punishment of the defendant is considered in favorable circumstances, and the punishment shall be determined as ordered in consideration of the age, sex, environment, circumstances before and after the crime, etc.