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A defendant shall be punished by imprisonment for a term of six months and a fine of three hundred thousand won.
If the defendant does not pay a fine, one hundred thousand won.
Reasons
Punishment of the crime
1. On April 5, 2018, at around 00:45, the Defendant: (a) was drunk in “Ding practice hall” located in Yangcheon-gu Seoul Metropolitan Government, Yangcheon-gu, and without any justifiable reason, for the Victim E (V) (V) who is a singinger; (b) “Ih, Ga; Hah, male low-age and aging; and
As seen, customers who want to sing to sing out their eggs, such as singing to sing to sing to sing to sing to sing to sing to sing to sing to sing.
Accordingly, the Defendant interfered with the operation of singing by the victimized person by force from around 01:10 on the same day.
2. On April 5, 2018, around 00:57, the Defendant reported by phone at the place indicated in paragraph (1) of the Punishment of Minor Offenses Act to the public official the criminal facts that the Defendant did not indicate “it has been illegal in singing.”
Summary of Evidence
1. Statement by the defendant in court;
1. E statements;
1. Investigation report (to hear statements from victims Eline);
1. 112 Reporting case handling table;
1. Application of Acts and subordinate statutes governing a certificate of registration for singing practice;
1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act (Interference with business, choice of imprisonment, and option of punishment) concerning the facts constituting an offense, and Article 3 (3) 2 of the Punishment of Minor Offenses Act (the point of false report, the selection of fines) of the Criminal Act;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 3 and 50 of the same Act, which increases concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;
1. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] shall interfere with the affairs, and the basic area (referring to six months to one year and six months) (referring to a person who has no special sentencing seal) of the basic area;
2. Circumstances unfavorable to the decision of sentence: The Defendant interfered with singinging business by force without any reason and makes a false report, and the liability for the crime is not easy.
The crime of interference with business was punished as a crime of interference with business and the crime related to violence was punished several times, but recidivism was committed.
The defendant's mistake is recognized.