A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[criminal power] On April 9, 2015, the Defendant was sentenced to 4 months of imprisonment with prison labor and 100,000 won for the obstruction of performance of official duties by the Incheon District Court on June 22, 2015, and the enforcement of the sentence was terminated at the Incheon District Court on July 21, 2016, and was sentenced to a fine of 6 million won by the Incheon District Court on July 21, 2016, and was sentenced to imprisonment with prison labor for 6 months and 2 years of suspension of execution by the Suwon District Court on September 26, 2013, and was punished for several crimes of injury, etc.

【Criminal Facts】

1. On August 7, 2016, at around 19:05, the Defendant interfered with the victim’s main business by force by avoiding disturbance over about 20 minutes, such as “I wish to see, die, or die,” while drunkly drinking at “D” main points in the operation of the victim C (35 years of age) located in Nam-gu Incheon Metropolitan City, Nam-gu B, and committing noise to customers and employees on other tables.

2. On August 7, 2016, around 19:30 on August 7, 2016, the Defendant obstructed the victim’s restaurant business by force, including, but not limited to, drinking in the “G” restaurant operated by the victim F (36 years of age) in the Southern-gu Incheon Metropolitan City E, namely, drinking, taking a bath for the victims and customers, and taking actions to threaten them by causing a threat.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and C;

1. A report on investigation;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment to repeated crimes and judgments of the same kind of power), court rulings, and application of other Acts and subordinate statutes;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of recommending the sentencing criteria;

(a) Type 1 (Interference with Business) (1 to 8) area of mitigation (1 to prevent special mitigation) (including serious efforts for recovery of damage), which shall not be subject to punishment (including serious efforts for recovery of damage).