Text
A defendant shall be punished by imprisonment with prison labor for four months.
Reasons
Punishment of the crime
On November 7, 2013, the Defendant was sentenced to a suspended sentence of two years for six months of imprisonment with prison labor at the Gwangju District Court on the grounds of assault, etc., and the sentence becomes final and conclusive on the 15th of that month, and is currently under suspended sentence.
1. On October 2, 2014, at around 19:15, the Defendant: “E” restaurant operated by the victim D (year 44) located in Gwangju Northern-gu Seoul Northern-gu; at without permission, the Defendant obstructed the victim from taking out one disease disease in the air conditioners; and at one hand, the victim boomed the victim’s neck and plucked and plicked the victim with another hand.
As a result, the Defendant inflicted an injury on the victim, such as catitiss requiring treatment for about two weeks.
2. On October 2, 2014, from around 19:15 to around 19:25, the Defendant obstructed the victim’s restaurant business by force by force by preventing customers who had entered the said place from entering the victim’s restaurant business by having the victim talked with a large interest at the same place, and by having the victim talked with a large interest.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of suspect of the police accused;
1. Statement of the police about D;
1. A written statement, a photograph of the parts above the victim, and a medical certificate (Evidence Nos. 3, 4, 7);
1. References to criminal records and the application of Acts and subordinate statutes concerning investigation and reporting accompanied by judgments of the same kind;
1. Relevant Article 257 (1) and Article 314 (1) of the Criminal Act and the choice of punishment for the crime, the choice of imprisonment with prison labor;
1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders [the scope of recommending punishment] general injury [the scope of recommending punishment] is mitigated area (two months to one year), mitigated area (two months to one year), minor injury (the person subject to special mitigation] [the decision of sentence] [the decision of sentence] and the scope of recommending punishment as above, the punishment of the crime of interference with business in this case shall be aggravated.
The defendant recognized the crime of this case and further agreed with the victim.