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A defendant shall be punished by imprisonment for not less than eight months.
Of the facts charged of this case, the prosecution against assault is dismissed.
Reasons
Punishment of the crime
On August 19, 2020, the Defendant was sentenced to four months of imprisonment with labor for the crime of interference with business in the Changwon District Court Msan Branch on August 19, 202, and completed the execution of the sentence in the Changwon Prison on September 2, 2020.
1. Interference with business;
A. On October 4, 2020, from around 14:56 to 16:12, the Defendant interfered with the victim’s restaurant business by force by force, such as: (a) the victim C (the female, the age of 60) in the Chang Masan member B (hereinafter referred to as “C”) going in a restaurant run by the Chang Masan member B without the customer’s permission; (b) the victim gets present in another table on the table without any justifiable reason; and (c) the victim gets in a disturbance, such as the victim’s continuous drinking, and allowing the customers who were in the place to leave without the meal.
B. The defendant 1-A
On October 4, 2020, even though the police officer spawned the disturbance, the victim's restaurant business was obstructed by force for 22 minutes by finding out the cafeteria in the restaurant operated by the victim and finding out the spawn of the spawn in the table, leaving the customers who spawn and spawn on the table, leaving the spawn out of the restaurant, etc., and allowing the customers who spawn out of the restaurant.
2. The defendant who interferes with business (public prosecution in part of violence) shall be dismissed under the above paragraph 1-B; and
Around 17:53 on October 4, 2020, even though the police officer spawn the disturbance and spawn spawn spawn spawn spawn spawn swn swn swn swn swn swn swn swn, swn swn swn swn swn swn swn swn swn s
Accordingly, the Defendant interfered with the victim C's restaurant business by force.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. On-site reports (to attachCCTV images CDs and photographs);
1. Previous records of judgment: Application of Acts and subordinate statutes to criminal investigation reports (same-class power, repeated crime), criminal records, etc. inquiry;
1. Relevant Article 314 (1) of the Criminal Act and the choice of punishment concerning the facts constituting an offense, Article 314 (1) of the Criminal Act and the choice of imprisonment;
1. The Criminal Act among repeated crimes;