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

Punishment of the crime

[Criminal Records] On October 7, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for property damage, etc. at the Seoul Eastern District Court on May 26, 2017.

[Criminal facts]

1. On December 18, 2016, around 10:40 on December 18, 2016, the Defendant obstructed the victim’s restaurant business by force for about 10 minutes, including, but not limited to, filing a claim for a large amount of food costs in Gangdong-gu C Victim D (n. 53 ice) serving as an employee, and making the victim take a bath for "the same year in which the victim does not properly handle the case."

2. The Defendant damaged property, at the same time and at the same place as above 1, the Defendant posted a restaurant table by affixing a cafeteria, and then damaged the property owned by the victims, such as the victim F, who was the victim D’s cell phone on the table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made D;

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Provisions of Articles 314 (1) and 366 of the Criminal Act (Determination of Imprisonment with prison labor);

1. After Article 37 of the Criminal Act, Article 39 (1) shall apply to concurrent crimes;

1. The reasons for sentencing under Articles 37 and 38 of the Act on the Aggravation of Concurrent Crimes have many records of identical violent crimes, and the Defendant was detained and tried as a case recorded in the record of the crime, and immediately left the instant case after being released as the revocation of detention on November 28, 2016.

Although repeated crimes can not be aggravated because the defendant did not have been released after the execution of punishment, it can be considered in sentencing as aggravated reasons such as repeated crimes.

The sentence shall be imposed on the victims, and the matters agreed with the victims shall be considered in determining the term of punishment.