A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal records] On April 9, 2015, the Defendant was sentenced to eight months of imprisonment with prison labor by obstructing business operations at the Seoul Southern District Court, and completed the execution of the sentence on October 22, 2015.

[Criminal facts]

1. From May 23, 2016 to May 03:45, 2016, the Defendant: “E” restaurant operated by the victim D (M, 49 years old) located in Geumcheon-gu Seoul Metropolitan Government from May 23, 2016 to 03:05 on the same day; and on the ground that the victim spawns the debris by the Defendant’s debris, “X selling is cleaning.”

“A public bath shall be held in a large sound and on the table.”

The boomer was faced with the victim, was frightened to the customer who is meal on the side table, was frightened to the victim, was trying to drive away from the victim, and was frightened for about 20 minutes.

Accordingly, the defendant interfered with the victim's restaurant business by force.

2. The Defendant assaulted the victim’s left part of the elbbow on one hand on the ground that the victim was able to speak himself, while avoiding the disturbance at the same time and at the same place as mentioned in the foregoing paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Investigative reports (to hear statements from victims);

1. Previous convictions: Application of Acts and subordinate statutes to refer to inquiries, such as criminal history, investigation reports (the previous judgment and confirmation of period of repeated crimes);

1. Relevant Article 314(1) of the Criminal Act, Article 260(1) of the Criminal Act and Article 260 of the Criminal Act, the choice of imprisonment with prison labor for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. The scope of applicable sentences under law: Imprisonment for one month to 14 years; and

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Basic crime: Interference with the business of obstructing [the determination of types] interference with the business [the person subject to special sentencing]: Aggravation of repeated crimes of the same kind (the territory of recommendations and the scope of punishment), aggravation of aggravated crimes, one year to three years and six months;

(b) Concurrent crimes: Violence (a decision of type).