Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

[criminal history] On September 26, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for a crime of violation of the Punishment of Violences, etc. Act (joint injury) in the Cheongju District Court’s Assistance, and completed the execution of the sentence in the Chungcheong detention house on December 3, 2017.

[Criminal facts]

1. On April 26, 2018, around 13:00, the Defendant: (a) requested the bereaved family members under the influence of alcohol to provide alcohol and food; and (b) demanded the funeral staff, including the victim, to leave the country; and (c) obstructed the victim’s operation of funeral ceremony by force, including the victim, by demanding the victim to take out of the country; and (d) demanded the funeral hall staff, including the victim to take out the country; and (e) interfere with the victim’s operation of funeral ceremony by force.

2. The Defendant re-exploited at the funeral hall No. 14:30 on the same day, and obstructed the victim’s funeral service operation by force, such as drinking and eating while demanding his/her bereaved family members under the influence of alcohol to take a bath while drinking and eating, and passing sound.

3. The Defendant sought again at the funeral hall No. 1 in around 18:30 on the same day, and obstructed the victim’s funeral service operation by force by demanding his/her bereaved family members to take a bath while drinking and eating, and committing sound.

Summary of Evidence

1. Each statement of D and F;

1. Application of Acts and subordinate statutes on internal investigation reports;

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts and Article 314 (Selection of Penalty) of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Selection of a fine, taking into account the grounds for the sentencing of Article 334(1) of the Criminal Procedure Act, the background leading up to the crime, and the degree of interference with business, etc. However, even if a person was punished more than ten times, including imprisonment with prison labor for a crime and a crime with violent inclination during the period of repeated crime, the fact that the person continues to commit the crime, and the period of recidivism.