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

Criminal facts

On October 7, 2015, the Defendant was sentenced to a suspended sentence of three-year imprisonment for a crime of special intimidation, a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (indecent act by blood), a crime of bodily injury, or a violation of child welfare law (child abuse) at the Busan High Court, and the said judgment becomes final and conclusive on October 15, 2015, and is still under a suspended sentence.

On July 16, 2017, the Defendant: (a) purchased food at a D cafeteria operated by the Nam-gu Seoul Metropolitan Government B Victim C (V, 27 years of age); (b) demanded that 2,000 won be reduced; (c) the victim would not respond to the request; (d) the victim would have been able to respond to the request; and (e) the victim would have “Isle” as a large sound before the entrance of the said gate that customers enter;

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“Along with approximately 1 hour and 20 minutes, customers who had entered the place can not get into the place.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Two copies of on-site photographs, and of the table for handling reported cases;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgement, etc.);

1. Relevant legal provisions on criminal facts, Article 314(1) of the Criminal Act on the selection of punishment, reasons for the sentencing of imprisonment [the decision on the area of recommendation] The basic field [the scope of recommendation] / [the scope of punishment] six months to one year and six months] / The reason for general consideration : there is no effort to recover damage before suspension of execution or more at least on two occasions. [the decision on the sentence] The defendant committed the crime in this case without being aware of the fact that he was punished for interference with his duties in advance, and committed the crime in this case without being aware of protection during the suspension period of the execution of imprisonment due to special intimidation, etc., such as the record of the crime in the judgment, while being subject to protection observation during the suspension period of the execution of imprisonment due to special intimidation. Moreover, the defendant is punished by a non-license during the previous suspension period of execution.