A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On April 25, 2018, the Defendant was sentenced to one year of imprisonment with prison labor for the crime of interference with business, etc. at the District Court, and completed the execution of the sentence on December 20, 2018.

【Criminal Facts】

From 14:20 on January 8, 2019 to 18:00 on the same day, the Defendant: (a) entered a D restaurant operated by the victim C in Gyeonggi-gun, Gyeonggi-gun, to drink with alcohol and food; (b) opened a coke on the floor; and (c) demanded the victim to have the Defendant broken down several occasions; (d) the victim requested that the breath be carried the Defendant, but the breath, the Defendant followed the victim’s desire, such as “this nit weather”; and (e) after the breath, the Defendant threatened the customer to go back to the restaurant; and (e) threaten the customer to leave the restaurant; and (e) interfere with the victim’s restaurant business by force by forcing the victim to have other customers entering the restaurant; and (e) let them leave the restaurant; and (e) let the said place enter the restaurant.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. C’s statement;

1. On-site bonds and moving pictures;

1. Previous records of judgment: Criminal records, inquiry reports, previous records of dispositions, results of confirmation, eight cases, copies of judgment, and application of Acts and subordinate statutes to the acceptance status of individuals;

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, the choice of imprisonment;

1. Grounds for sentencing under Article 35 of the Criminal Act (Inasmuch as there exists a previous conviction of the crime of interference with business in the market)

1. The scope of punishment by law: One month to ten years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [decision of types] interference with the affairs of a person who interferes with the affairs of a person [Class 1] - Interference with the affairs of a person who is specially punished] - Reduction element (including serious efforts for the recovery of damage): Reduction element - Aggravation element of the same repeated crime [the scope of recommending area and recommending range] mitigation range, imprisonment with prison labor for one month or August;

3. The Defendant, upon completion of the sentence due to the crime of interference with business, etc., committed the instant crime again at the time of not more than 20 days.

The defendant is the defendant.