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

Punishment of the crime

[criminal power] On March 31, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for the crime of interference with business, etc. in the Gwangju District Court’s Net Branch on May 31, 2016, and completed the execution of punishment on May 31, 2016. On February 8, 2017, the Defendant was sentenced to eight months of imprisonment with prison labor for the crime of interference with business, etc. at the Gwangju District Court’s Gwangju District Court

【Criminal Facts】

On July 26, 2019, at around 14:30 on July 26, 2019, the Defendant obstructed the victim’s restaurant business by force by bringing about about 10 minutes of disturbance, including: (a) intending to have female employees take a bath at the D restaurant operated by the victim C, which is located in Gwangju North-gu, Gwangju; and (b) having other customers take a bath, and (c) having other customers leave the restaurant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Written statements of C, E, and F;

1. Criminal records: An inquiry letter, current status of personal confinement, and application of each statute of a judgment;

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes (i.e., the crime of interference with business stating criminal records in the market) has already been sentenced several times due to the same crime, but the defendant also committed the crime of this case during the period of repeated crimes.

Although the victim was agreed with the victim, it is inevitable to choose a sentence of imprisonment for the defendant who repeatedly commits the same crime despite multiple punishments, and as long as the defendant selects imprisonment, it is inevitable to sentence the defendant who committed the crime during the period of repeated crime.

Other circumstances that are conditions for sentencing, such as the motive, means and method of the crime, the circumstances after the crime, the age, character and conduct of the defendant, and the environment, shall be comprehensively considered, and a sentence which is lower than the recommended sentence shall be sentenced, taking into account the opinion of the prosecutor on the sentencing.

[The scope of recommendations and recommendations]