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

Punishment of the crime

[criminal power] The Defendant was sentenced to four months of imprisonment with labor for the crime of interference with business in the Seoul Northern District Court on April 26, 2017, and was sentenced to one year of imprisonment with labor for the crime of obstruction of performance of official duties on September 14, 2017 and completed the execution of the sentence in the same detention house on July 17, 2018.

【Criminal Facts】

On April 12, 2019, at around 03:20 on April 12, 2019, the Defendant was under the influence of alcohol in the D cafeteria operated by Dongdaemun-gu Seoul Metropolitan Government (hereinafter “C”), and was under the influence of alcohol, and was released by the police officers dispatched after receiving a report from the victim.

Since then, at around 03:44 on the same day, the Defendant found the above restaurant, and opened the cafeteria door so as to see that the cafeteria was locked, she was able to take the door by hand, and take a bath by “Iskh, stud, open door,” and the victim frightening it, which was installed inside the cafeteria and installed inside the entrance inside the cafeteria, she was able to avoid the disturbance between approximately 20 minutes, such as the steel makers and small air conditioners, which were kept outside the cafeteria, and the spunching frying fluite, which were inside the cafeteria, was dried up on the floor.

Accordingly, the defendant interfered with the victim's restaurant operation by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigative reports (Attachment to On-the-spot photographs, etc.), investigation reports (the attachment of a statement of 112 reported processing and confirmation of the details of additional reports), detailed statement of 112 reported processing, CCTV video CDs, investigation reports (to hear the statements of the victim);

1. Previouss before and after judgments: Application of criminal history records, investigation reports (the judgment of repeated crime and attachment to the previous judgment and the judgment);

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

1. The criminal defendant committed the instant crime even though he/she is a repeated crime for the same kind of crime as the sentencing of Article 35 of the Criminal Act among repeated crimes, and the crime of this case is not good.