A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On June 28, 2016, the Defendant was sentenced to ten months of imprisonment for habitual fraud at the Ulsan District Court, and the execution of the sentence was terminated on February 2, 2017.

1. On February 12, 2017, at a “E” restaurant operated by the victim D, the victim D in Ulsan-gu, Ulsan-gu, Seoul-gu, the Defendant ordered 1 to 1 to 1 to 201 and 3 to 3 to 3 to 1 to 1 to 201.

However, since there was no money at the time, the defendant did not have the intention or ability to pay the price even if he was provided with alcohol and food from the above F.

Defendant 1, as seen above, knew the above F, and was provided to F with 15,400 won a total of 15,400 won per annum and 3 Co., Ltd.

2. The Defendant interfered with the business of the Defendant, at the time and place specified in paragraph 1, and at the time and place specified in paragraph 1, d cafeterias, such as, under the influence of alcohol, talking with other customers while taking a bath to the said restaurant, thereby obstructing the Defendant’s restaurant business by force for about 80 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Receipts and photographs; and

1. Previous convictions in judgment: Inquiry about criminal history and application of investigation reports (netly 13) Acts and subordinate statutes;

1. Article 347 (1) and Article 314 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. 경합범 가중 형법 제 37 조 전단, 제 38조 제 1 항 제 2호, 제 50조 [ 양형이 유] 양형기준 : 징역 6월 하한 ☞ 1억 원 미만 일반 사기 기본영역( 동 종 누범, 기망행위의 정도가 약한 경우) 을 전체 한으로 하고, 다수범죄 처리기준 적용 동종 누범기간 중 범행인데 다 전과 관계에서 알 수 있는 동종 범행의 반복성, 재범의 위험성을 종합하여 실형을 선택하되, 기록과 변론에 나타난 침해 법익의 정도, 범행 경위, 반성태도 등 여러 정상을 아울러 참작하여 주문과 같이 형을 정함