A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On May 18, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for the crime of interference with business, etc. at the Goyang Branch of the District Court, and completed the execution of the sentence on September 12, 2017.

피고인은 2019. 4. 25. 23:09경 고양시 덕양구 B, 피해자 C가 운영하는 'D‘에서 술에 취하여 옆 테이블에 있던 손님들에게 “씨발놈, 뭘 쳐다봐!”라는 등으로 큰 소리로 욕설을 하고, 이에 피해자가 피고인을 만류하자 피해자에게도 욕설을 하면서 손을 들고 때릴 듯이 위협하는 등 약 30분 동안 소란을 피웠다.

Accordingly, the defendant interfered with the victim's restaurant operation by force.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Investigation report (verification of details and circumstances of the other party to the victim);

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (Attachment of a copy of the same type of force judgment), and application of Acts and subordinate statutes to investigation reports (Attachment of personal confinement status);

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, the choice of imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of the recommended punishment according to the sentencing criteria (Scope of recommending punishment) and the aggravated area (one year to three years and six months) (special persons) of category 1 (Interference with Business) shall be the same repeated crime;

2. The fact that the Defendant, who was sentenced to the sentence, recognized the instant crime and reflected his mistake is favorable to the Defendant.

On the other hand, the fact that the defendant has been punished for the same kind of crime, including the sentence of imprisonment, and that the defendant again committed the crime of this case during the period of repeated crime, and that it seems that he did not receive a letter from the victim until now is disadvantageous to the defendant.

In full view of the aforementioned circumstances and circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., which are the sentencing as shown in the instant records and arguments, the punishment as ordered.