A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[Criminal Power] On January 8, 2014, the Defendant was sentenced to 6 months of imprisonment with prison labor for larceny, etc. at the Seoul Northern District Court and 2 years of suspended execution, and is currently under suspended execution.

【Criminal Facts】

1. On June 30, 2014, the Defendant got off a mobile phone case with the market price equivalent to KRW 49,000, which was displayed in the sales stand in front of the said store by using the gaps in which surveillance of the victim E was neglected in the mobile phone so called “D” located in Seoul Special Metropolitan City, Nowon-gu, Seoul.

Accordingly, the defendant stolen the victim's property.

2. On June 30, 2014, at around 18:30 on June 30, 2014, the Defendant: (a) laid the cell phone ice cases displayed in the said store without any justifiable reason at the mobile phone clock store located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu; (b) laid down on the floor of the cell phone; and (c) opened a disturbance for about 20 minutes for customers in the said store.

Accordingly, the Defendant interfered with the victim H's store business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H and E;

1. Records of crimes: Investigation report (verification with previous records, etc.), application of written judgments, and statutes;

1. Articles 329 and 314 (1) of the Criminal Act applicable to the crime;

1. Among concurrent crimes, the defendant's defense counsel on the judgment of mental and physical disability claim under the former part of Article 37, Articles 38 (1) 2, and 50 of the Criminal Act committed the instant crime under the influence of alcohol. Thus, each of the above evidence argues that the defendant was in a state of lacking the ability to discern things or make decisions due to mental and physical disorder. However, even though the fact that the defendant was under the influence of alcohol at the time of committing the crime is recognized, it does not seem that the defendant's behavior and crime committed before and after the crime led to the state of lacking the ability to discern things

The above assertion by the defense counsel is accepted.