A defendant shall be punished by imprisonment for four months.

Punishment of the crime

【Criminal Records of Crimes】 On December 20, 2017, the Defendant was sentenced to imprisonment for six months with prison labor for property damage at the Seoul Eastern District Court, which became final and conclusive on December 28, 2017 and is currently under probation period.

【 범죄사실】 피고인은 2018. 5. 19. 00:30 경 서울 용산구 B에 있는 피해자 C(17 세) 가 근무하는 ‘D’ 편의점에서, 술에 취하여 아무런 이유 없이 그 곳 손님에게 “ 야 씨 발 놈 아 뭘 쳐다봐 ”라고 시비를 걸고, 계속하여 편의점 테라스에 있는 의자를 그 곳 앞에 있는 신용산 지하 차로까지 들고 가서 그 차량의 통행을 방해하며 “ 씨 발 쳐 봐라 ”라고 욕설을 하고, 계속하여 다시 편의점 안으로 들어와 “ 씨 발 계산이 안됐다잖아, 씨 발 놈 아 계산하면 되잖아, 개새끼들 다 죽여 버릴 거야 ”라고 욕설을 하는 등 약 20 분간 소란을 피워 위력으로써 피해자의 편의점 운영 업무를 방해하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. An investigation report (fagics and CCTV images installed inside convenience stores);

1. Previous records: Inquiry into criminal records and investigation reports (the confirmation of the previous records and the application of statutes);

1. The pertinent legal provisions on criminal facts, Article 314(1) of the Criminal Act on the selection of punishment, and repeated criminal acts of the same kind, and committed the instant crime without being aware of the reason for sentencing of punishment during the suspension period. Although the instant crime was committed immediately after the instant crime, it is deemed necessary to be isolated in society for a certain period of time in light of the following: (a) hospitalized at a hospital for treatment of alcohol addiction; (b) hospitalized in a hospital for treatment of alcohol addiction; and (c) was prosecuted for committing another crime without any shocking impulse during the outing period.

Therefore, in consideration of the fact that the sentence of imprisonment with prison labor is imposed, but the degree of interference with business is not severe, the crime is recognized, reflects the fact that it shows the intention to improve character and behavior, etc., it shall be determined as the sentence