beta
Text
A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
[criminal records] On June 29, 2016, the Defendant was sentenced to six months of imprisonment with labor for interference with business affairs at the Seoul Southern District Court on November 22, 2016, and completed the execution of the sentence at the Seoul Southern District Court’s detention center.
[2] On August 27, 2017, at around 00:32, the Defendant: (a) found the victim C (66 years of age) who was on the front road of Sungnam-gu, Sungnam-gu; (b) found the victim C (66 years of age) of this case and used mixed drinking, thereby obstructing the victim from entering the victim’s business by force by preventing the victim from entering the victim’s disturbance, such as “hing ice gue, frighting, and hinginginginging the victim,” on the ground that the victim she went back to her only after drinking her, and she was making a mixed drinking.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Previous convictions: Application of an inquiry letter, such as criminal history, investigation report (verification of the same criminal records as the suspect), previous convictions and results of confirmation;
1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is that the defendant acknowledges and reflects his mistake, and that he agreed with the victim is favorable to the defendant.
However, in light of the fact that the defendant has repeatedly committed the same kind of crime under the influence of alcohol despite being in the period of repeated crime, and has been punished not less than 10 times for the same crime, it is inevitable to sentence sentence.
In addition, all the sentencing factors indicated in the records and arguments of this case, such as the defendant's age, environment, sex, motive and means of the crime, and circumstances after the crime, shall be comprehensively considered, and the punishment shall be determined as ordered.