A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[2016 고단 1542] 피고인은 2016. 4. 4. 00:40 경부터 01:10 경까지 서울 강서구 C 건물 2 층에 있는 피해자 D 운영의 ‘E’ 식당에 손님으로 들어가 술과 안주를 먹던 중 그곳에 들어온 다른 손님 및 종업원에게 “ 뚱 땡 아, 못난 아! ”라고 소리를 지르고, 피해 자로부터 가게를 나가라는 경고를 받았음에도 불구하고 계속하여 큰 소리로 고함을 지르는 등 약 30분 동안 위력으로 피해자의 식당 영업 업무를 방해하였다.

[2016 Highest 2064] On May 13, 2016, around 09:29:29, the Defendant: (a) placed two fingers, etc. in total amounting to 78,000 won in the market price of the third floor display stand by using a gap in the victim’s surveillance in Gangseo-gu Seoul Metropolitan Government; and (b) cut off the Defendant by putting four (4) the same into a locker machine and cutting down.

Summary of Evidence

[2016 Highest 1542]

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A criminal investigation report (with respect to oral statements by witnesses) (2016 altitude 2064);

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of seizure records and statutes concerning the list of seizure;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 329 of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

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. Interference with the scope of the recommended sentence on the sentencing guidelines: Imprisonment with prison labor for not more than eight months (in the area where the duties of the group of interfering with the duties are mitigated (special mitigation factors): Imprisonment with prison labor for up to one year and six months (the basic area of larceny against general property in the area of larceny)]: From six months to one year and six months [the scope of the recommended sentence revised according to the guidelines for handling multiple crimes: Imprisonment with labor for not more than six months to one year;

2. The defendant who has been sentenced 13 times or more due to the same kind of crime, etc., and is still under the suspension of the execution of imprisonment with prison labor due to larceny, etc.