A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[Criminal Power] On June 20, 2019, the Defendant was sentenced to one year to a suspended sentence of four months of imprisonment with prison labor due to a building intrusion in the Incheon District Court’s Branch Branch of the Incheon District Court, and the sentence becomes final and conclusive on June 28, 2019 and is still under the suspended sentence.

【Criminal Facts】

On September 21, 2019, from around 13:20 to 14:00 on the same day, the Defendant: (a) under the influence of alcohol, the Defendant obstructed the victim’s restaurant business for about 40 minutes by force, such as: (b) under the influence of alcohol, a customer of the next table in the “D cafeteria”, who works for the victim C from around 13:20 on September 21, 2019 to around 14:0 on the same day, in which the customer of the next table gets the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Recording notes;

1. 112 Reporting case handling table; and

1. On-site photographs;

1. A investigation report (CCTV image);

1. Previous convictions in judgment: Criminal records, investigation reports (suspects' records and confirmation of facts during the period of suspension of execution), copies of written judgments, and application of Acts and subordinate statutes of the Criminal Procedure Act;

1. The relevant Article of the Criminal Act, Article 314 (1) of the Criminal Act (the point of interference with business), and the reason for sentencing selecting imprisonment with prison labor;

1. The basic area (six months to one year and six months) of the scope of the recommended sentence according to the sentencing guidelines (Interference with business) (the scope of the recommended sentence) interference with business;

2. The Defendant, who was sentenced to sentence, made a confession and reflect on all of the instant crimes.

However, the crime of this case was under the influence of alcohol by the Defendant obstructing the restaurant business by leaving the cream in the victim restaurant, in light of the method and result of the crime, etc., the crime was inferior in light of the method and result of the crime, and the Defendant did not recover any damage, and did not have the use from the victim.

In addition, the defendant was punished for the same kind of crime several times after 2010, and even after 2010, a fine of 700,000 won is imposed for the crime of interference with business in 2016, a fine of 700,000 won for the crime of assault in 2017, a fine of 70,000 won for the crime of destroying a structure in December 2018, and December 2018.