A defendant shall be punished by imprisonment for not less than three months.

Punishment of the crime

On November 11, 2015, the Defendant was issued a summary order of KRW 1,50,000,000 as a fine for interference with business affairs by the Ulsan District Court, and on October 27, 2016, the Defendant was sentenced to a suspended sentence of two years for six months for the same crime in Daegu District Court and was sentenced to a suspended sentence of two years for six months for the same crime, and on November 4, 2016, other violent crimes during the grace period, which became final and conclusive on November 4, 2016

On February 26, 2017, the Defendant: (a) around 23:00, at “E” operated by the second floor victim D of the building in Ulsan-gu, Ulsan-gu; (b) without any reason, the Defendant, without any reason, obstructed the victim’s main business by force, by making customers go away from the said main shop despite the police officer who was dispatched after receiving 112 report, by making the said main shop and going away from the said main shop; and (c) by making the victim and employees who control the Defendant feel a serious bath and sound, etc., the Defendant obstructed the victim’s main shop business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. 범죄사실에 대한 해당 법조 형법 제 314조 제 1 항( 징역 형 선택) [ 양형이 유] 양형기준 : 징역 8월 이하 ☞ 업무 방해 감경영역( 처벌 불원) 동 종 집행유예기간 중인데 다 전과 관계에서 알 수 있는 폭력범죄의 반복성, 재범의 위험성 등을 종합할 때 피고인에 대하여는 일정 기간 사회와의 격리를 통한 교정의 기회를 부여함이 타당함 다만, 피해자와 합의 하여 피해 자가 피고인의 처벌을 원하지 않고 있는 점이나 기록과 변론에 나타난 범행의 경위, 반성태도 등 여러 정상을 종합하여 양형기준 범위 내에서 주문과 같이 형을 정함