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

On November 3, 2016, the Defendant was sentenced to one year and three months of imprisonment with prison labor at the Seoul Eastern District Court for the crime of interference with business, and completed the execution of the sentence on January 19, 2018 at the Seoul East Eastern District Court. On April 27, 2018, the Defendant was sentenced to six months of imprisonment with prison labor at the Seoul East Eastern District Court for the crime of interference with business, etc., and completed the execution of the sentence at the Seoul East Eastern District Court on September 12, 2018.

Criminal facts

At around 08:20 on January 13, 2019, the Defendant, at the restaurant in charge of the victim C management located in Gangdong-gu Seoul Metropolitan Government, expressed a bath to other tables customers, and on the same day, at around 08:45 on the same day, the Defendant obstructed the victim’s cafeteria management by force by avoiding disturbance, such as drinking twice after having been installed on his/her table.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Investigation report (verification of on-site CCTV image data);

1. On-site CCTV photographs;

1. Previous records: Application of criminal records and other inquiries and investigation reports, and Acts and subordinate statutes;

1. Article 314 (1) of the Criminal Act applicable to the crimes and Article 314 of the Election of Imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of the recommended punishment according to the sentencing guidelines (decision of a type of punishment), category of crime interfering with the business, category of crime interference with the business (special person): The factors to mitigate the same repeated crime: The basic area of punishment not (the scope of the recommended punishment): Imprisonment with prison labor for a period of six months to one year and six months;

2. Determination of sentence [Incompetence] The Defendant repeatedly committed the same kind of crime without being aware of the record of criminal punishment several times due to the crime of interference with the same duties as the instant crime or the crime of violence, etc. In particular, on April 27, 2018, the Defendant, who was sentenced to six months by the Seoul Eastern District Court for interference with business, etc. on April 27, 2018, completed the execution of the sentence and released the Defendant again committed the instant crime of the same kind during the period of repeated crime (e.g., reasonable circumstances) and against the mistake by recognizing the instant crime.