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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
[criminal history] The Defendant was sentenced to eight months of imprisonment with prison labor for the crime of injury, etc. by the Incheon District Court on January 29, 2015, and completed the execution of the sentence in the Ansan Prison on May 19, 2015. On July 20, 2017, the Incheon District Court sentenced a fine of eight million won for the crime of injury, and the Defendant appealed, and is still pending in the appellate trial.
[2] On June 5, 2017, from around 21:10 to 21:27 of the same day, the Defendant requested the victim P, an employee, to take a call taxi at the convenience store located in the Nam-gu Incheon Metropolitan City N, and asked the victim P to take the call taxi. However, when the call taxi company refused the Defendant’s taking of the taxi, the Defendant expressed the Defendant’s refusal to take the call, and the Defendant expressed the Defendant’s desire to “well, straw, string, two years, and strings” to the Defendant, and caused the Defendant to interfere with the victim’s convenience store business by force, by avoiding disturbance, such as cutting down the down of the raw water straws, tobacco advertising, and bar code recognition machine on the calculated part, and preventing the victim from calculating the goods purchased by customers.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police on P;
1. Efagating CCTV images;
1. Previous conviction: Application of an inquiry letter, copy of the judgment, and inquiry about personal expropriation information, such as criminal history;
1. Relevant legal provisions of the Criminal Act, Article 314(1) of the Criminal Act, the choice of punishment for a crime, and the choice of punishment for a crime (the following grounds for sentencing shall be considered);
1. 【The reason for sentencing of Article 35 of the Criminal Act for aggravated repeated crimes 【The scope of the recommended punishment 【The scope of the punishment for aggravated repeated crimes - 8] The area to be mitigated [the scope of special mitigated punishment : In the event the degree of interference with the business is insignificant, the general aggravated person: this type of repeated crime, the same type of repeated crime (201 high group of punishment 195), and the same type of punishment that does not constitute repeated crimes (201 high group of punishment 195), 【The Decision of the Sentence 195】 The desire and behavior of the socially weak
It is difficult to see that the tolerance or challenge of a fine is a matter that can be allowed, while leaving the social position to protect female workers from the risk of violence against junish violence.