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A defendant shall be punished by imprisonment for a period of two months.
Reasons
Punishment of the crime
On February 9, 2018, the Defendant was sentenced to eight months of imprisonment with prison labor at the Seoul Western District Court for the crime of interference with business, etc., and completed the enforcement of the sentence on October 5, 2018, and on June 28, 2019, the Defendant was sentenced to four months of imprisonment with prison labor at the Seoul Western District Court for the crime of causing property damage and became final and conclusive on July 2, 2019.
At around 14:00 on June 8, 2019, the Defendant rejected the victim’s request to change the ice cream to credit on the ground that it was operated by the victim C in Eunpyeong-gu Seoul Metropolitan Government, and thereby interfered with the victim’s marina business by force for about 20 minutes by avoiding disturbance, such as: (a) stating that “it is impossible to refeascate .. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h.).”
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. A investigative report (CCTV perusal and analysis);
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;
1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, the choice of imprisonment;
1. Article 35 of the Criminal Act among repeated crimes;
1. The punishment is determined as ordered in consideration of the following circumstances: (a) the first sentence of Articles 37 and 39(1) of the Criminal Act to treat concurrent crimes; (b) the confession and reflect of the reason for sentencing; and (c) the fact that the crime was committed before the final judgment was rendered; and (d) the crime committed during the period of repeated crimes, which has been punished several times including violent crimes, is committed; and (e) the punishment is determined as ordered in consideration of the Defendant’s age, character and behavior, environment,