Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On January 25, 2017, the Defendant was sentenced to the suspension of the execution of six months in Seoul Southern District Court on January 25, 2017 and the said judgment became final and conclusive on February 2, 2017.
Criminal facts
around 19:05 on November 30, 2017, the Defendant is under the influence of alcohol at “D” at the convenience store for the operation of the Victim C located in Gangseo-gu Seoul Metropolitan Government on November 30, 2017.
“I have no toilet for the convenience store” from the injured party, “I have heard a large answer, the victim expressed that “I have a bitch bitch bitch bitch bitch mar”, “I have a bitch bitch bitch mar,” and obstructed the victim’s convenience store business by force by avoiding disturbance.
"F" restaurant operated by the victim E located in Yeongdeungpo-gu Seoul on January 5, 2018 between around 13:30 and around 14:30 on January 5, 2018, the Defendant ordered 1 to make a studal, 1 to make a studal, 1 to the Defendant, and without good cause, to the Defendant “Nices, kins, kins, kins, and kins.”
"Abruting and bruting in a large sense and making two customers leave the restaurant, etc., and obstructing the restaurant business of the victim for about one hour by force, and interfered with the victim's restaurant business for about one hour," a summary of the evidence referring to 2017 Highest 6308.
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. G statements;
1. Previous convictions in judgment: References to inquiries, reports on the results of confirmation before and after the previous convictions of the disposition, summary orders and rulings "2018 High Court Order 106 High Court Order";
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes of E;
1. Article 314 (1) of the Criminal Act applicable to the facts constituting an offense;
1. Selection of imprisonment with prison labor chosen;
1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;
1. Scope of the recommended sentence;
(a) Type 1 (Interference with Duties) basic area (from June to January 6) (with no special sentencing factors: 1.6 months):
(b) Persons who are specially mitigated in the mitigated area (from January to August) for Class 1 (Interference with Business Affairs) (including serious efforts to recover damage).
C. The scope of the final sentence resulting from the aggravation of multiple offenses.