A defendant shall be punished by imprisonment with prison labor for three months.

Criminal facts

The Defendant was sentenced to a suspended sentence of two years on July 27, 2016 by the Ulsan District Court on July 19, 2016 due to a crime of interference with business affairs, extortion, or destruction of property, and was sentenced to a suspended sentence of ten months on July 27, 2016, and the judgment became final and conclusive on July 27, 2016, and is currently in force more than six times

1. On April 6, 2017, the Defendant: (a) entered the victim C’s “D” restaurant located in Ulsan-gu, Ulsan-gu, Seoul-do; (b) without any justifiable reason, the Defendant: (c) opened the restaurant while under the influence of alcohol; and (d) opened the restaurant with the noise of his/her employees in the restaurant; and (c) opened the restaurant with the water of his/her finger; and (d) died of the ice, the Defendant shall be discarded.

It interfered with the victim's restaurant business by force over about one hour, such as taking a bath, driving a restaurant glass by hand.

2. The Defendant ordered food as if he did not have sufficient means of payment, while he did not pay the price normally. The Defendant obtained the delivery of the amount equivalent to KRW 8,000 from the injured party of beer 2 sick market price and acquired it by deception.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. Application of Acts and subordinate statutes to inquiry, such as criminal history, report on investigation (each attachment to confinement information, search of cases, previous convictions and written judgments, etc.);

1. Relevant Article 314 (1) of the Criminal Act and Article 314 of the same Act concerning the facts constituting an offense: Fraud of choice of imprisonment: Article 347 (1) of the Criminal Act; Article 347 of the Criminal Act; Selection of imprisonment;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes prescribed in heavier frauds);

1. The scope of applicable sentences under law: Imprisonment for one month to 15 years; and

2. Application of the sentencing criteria;

(a) Class 1 of the General Fraud [Type 1] (less than KRW 100 million) (person with special sentencing] - The area of mitigation [Determination in the territory of recommendation] mitigation [the scope of recommendation] reduction area from one month to one year;

(b) Category 1 (Interference with Business) (a person with special sentencing) shall interfere with the business of Category 2 (Determinations).