A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[criminal records] On August 31, 2017, the Defendant was sentenced to six months of imprisonment with prison labor by the Busan District Court, and completed the execution of the sentence in the Changwon Prison on January 10, 2018.

[2] On February 13, 2018, from around 05:00 to around 05:30 of the same day, the Defendant: (a) stated that “D” restaurant operated by the victim C in Busan Dong-gu, Busan; and (b) stated that the Defendant was the victim of the damage who frighting to drink and sound while other customers are under the control of the victim; and (c) took a bath to “Is and Isnsc. C.”; and (d) continued to take the bath to the large interest, the Defendant was unable to enter the restaurant; and (e) prevented the Defendant from entering the restaurant by having other customers in the restaurant and entering the restaurant.

Accordingly, the defendant interfered with the victim's restaurant business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Previous convictions indicated in judgment: Report on investigation (verification of repeated crimes) and application of Acts and subordinate statutes to investigation reports;

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

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

1. Where the scope of the application of the sentencing criteria [the scope of the recommended punishment] interference with the affairs of category 1 (Interference with Duties) (one month to eight months) (special mitigation), the degree of threat of force and deceptive scheme, or the degree of interference with the affairs of the mitigated area / Where the degree of interference with the affairs of the same type is insignificant / the same repeated crime;

2. The fact that the defendant who made the decision of sentence has led to a confession of crime, has divided his errors, and the degree of interference with business is serious; and

Although it is not possible to do so, the sentence should be imposed as ordered in consideration of the fact that the defendant committed the crime again because two months have not passed since the defendant completed the execution of punishment for the same kind of crime, the fact that he did not receive a letter from the injured party, and other criminal records of the defendant's age, the same kind of crime, etc.