Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Records] On November 16, 2016, the Defendant was sentenced to 4 months of imprisonment with prison labor and 2 years of suspended execution by the Jeju District Court, and the above judgment became final and conclusive on the 24th of the same month.
[2] On November 14, 2016, from around 13:00 to 14:10, the Defendant demanded that the victim D’s “E” operated in Gangseo-gu Seoul Metropolitan Government (hereinafter “E”), under the influence of alcohol, “breathe drinking,” and “breathebbb breabbbb,” refused the victim’s demand for evacuation, and went against the victim’s failure. On the same day, the Defendant continued to move at the victim’s place of business due to the police officer’s restraint dispatched upon receiving a report on around 14:20 on the same day. However, on the same day, the Defendant continued to look at the victim’s “E” and the victim’s seated on the front door of the entrance, and, on the same day, the Defendant demanded that the customer go beyond the breabb breab breab breab breab breab b, and attempted to go out of the house.
Accordingly, the defendant interfered with the operation of the coffee shop by force of the injured party.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Report on internal investigation (related to a request for inquiry of a suspect);
1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (Attachment to the judgement, etc.), application of the defendant's statutory statement statutes;
1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;
1. Each of the crimes in this case as to whether the sentencing criteria is applied is the relation of concurrent crimes after Article 37 of the Criminal Act with the obstruction of the duties for which the judgment became final and conclusive.
2. The defendant had a record of criminal punishment several times due to violent crimes, etc., the defendant again committed the crime of this case while being tried by the Jeju District Court as a obstruction of business, and the defendant was dispatched after receiving a report at the time of this case.