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A defendant shall be punished by imprisonment for six months.
Of the facts charged of this case, the prosecution against assault is dismissed.
Reasons
Punishment of the crime
On January 30, 2013, the Defendant was sentenced to two years of suspension of the execution of imprisonment with labor for the crime of interference with business, etc. in the Gwangju District Court’s Net Branch on January 30, 2013, and on June 13, 2013, the same court was sentenced to four months of imprisonment with labor for the crime of interference with business, which became final and conclusive on October 15, 2013, and the said suspended sentence became null and void, and the execution of each of the said suspended sentence was completed on September 13, 20
Criminal facts
1. 피고인은 2014. 11. 27. 16:00경부터 같은 날 17:30경까지 순천시 C에 있는 피해자 D(여, 45세) 운영의 ‘E’ 음식점에서 피해자에게 술을 달라고 하였으나 그녀가 술을 팔지 않겠다고 말하자, 화가 나 피해자에게 “이런 쌍년을 죽여버린다, 오늘 장사를 하나보자.”라고 욕설을 하고, 그곳에 있던 손님 2명에게 “야, 이 씹할 놈들아 뭘 쳐다봐 콱 눈구멍을 파 분다.”라고 큰소리치고, 계속하여 그곳 출입문을 발로 차고 막걸리 박스를 위 음식점 유리창에 집어 던지는 등 소란을 피워 위력으로 피해자의 음식점 영업 업무를 방해하였다.
2. On December 1, 2014, from around 14:30 to 14:55 on the same day, the Defendant, at “H” restaurant operated by the victim G (I, 58 years of age) and “H,” the victim expressed to the Defendant that “I had a large amount of alcohol, so I would enter the house”, thereby obstructing the victim’s restaurant business by force by avoiding disturbance, such as “I would have returned to the aftermath of this Chewing year. I would have taken a large amount of alcohol.”
Summary of Evidence
1. Defendant's legal statement;
1. Each police officer's statement about D and G;
1. Previous convictions: Criminal records, investigation reports (the confirmation report on the date of release), investigation reports (the same criminal records and confirmation reports during the latest five years), judgment, and application of Acts and subordinate statutes of 12 copies of summary order;
1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;