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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On May 26, 2016, the Defendant was sentenced to imprisonment with prison labor for the crime of obstruction of performance of official duties by the Seoul Northern District Court, and on October 12, 2016, the Defendant completed the enforcement of the sentence at the Inn House.
1. On June 11, 2019, around 13:40 on June 11, 2019, the Defendant: “C” located in Gangnam-gu Seoul, Gangnam-gu, Seoul; “C” on the ground that the victim D (here, 50 years of age) did not properly meet the Defendant and met another male; and (b) provided the victim’s desire to “the same age as the Defendant was C the Defendant,” and used the victim’s neck at his arms.
2. On June 11, 2019, around 14:43, the Defendant interfered with the victim’s beauty room operation by force over about 20 minutes, including passing through sound, among the “C” operated by the victim as described in paragraph (1), and among the two customers who were in cosmetic and cosmetic surgery on the same ground as paragraph (1), the Defendant expressed the victim’s abusive view that the victim would have been able to undergo a cosmetic surgery, and that the victim’s beauty room operation was obstructed by force over 20 minutes.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol of examination of part of the defendant by prosecution;
1. Each police statement made to D and E;
1. Investigation report (to hear victim's telephone statements);
1. Assault photographs of the victim;
1. Previous records of judgment: Application of criminal records, etc. and investigation reports (A repeated crime confirmation)-related Acts and subordinate statutes;
1. Article 260 (1) of the Criminal Act applicable to the crime (the point of violence and the choice of imprisonment), and Article 314 (1) of the Criminal Act (the point of interference with business and the choice of imprisonment);
1. Article 35 of the Criminal Act among repeated crimes;
1. Among concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, Article 1 of the Act on the Punishment of Crimes (Interference with Business) (Scope of Recommendation), Article 1 of the Act on the Prevention of Interference with Business (Interference with Business) and Article 2 of the Act on the Prevention of Violence (In June to June) [Scope of Recommendation of Violence] and Article 1 of the Act on the Prevention of Violence (General Violence) and Article 1 of the Act on the Punishment of Crimes (In February to October) and Article 1 of the Act on the Punishment of Crimes: The damage to the victim is not so significant, and the defendant is divided into this Act.
However, the crime of this case is decided by the defendant.