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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
[criminal power] On June 22, 2018, the Defendant was sentenced to eight months of imprisonment by the Seoul Northern District Court due to a crime of attempted damage to public goods, etc., and was released on May 30, 2019 during the execution of the sentence in the Seoul Eastern Detention House and passed on August 18, 2019.
【Criminal Facts】
At around 22:10 on December 13, 2019, the Defendant was able to avoid disturbance for about 10 minutes, on the grounds that the victim C, operated in Gangnam-gu Seoul, Gangnam-gu, Seoul, sold alcoholic beverages to his father, the Defendant was able to avoid disturbance for about 10 minutes on the ground that the victim sold alcoholic beverages to his father.
Accordingly, the defendant interfered with the victim's business operation.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. C’s statement;
1. 112. List of reported cases;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports;
1. Article 314 (1) of the Criminal Act applicable to the crimes and Article 314 of the Election of Imprisonment;
1. The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes is that the nature of the crime is not less severe in light of the method and consequence of the crime in this case, the victim still wishes to punish the defendant, the defendant has been punished by suspension of execution of imprisonment or a fine on several occasions due to the crime of interference with business similar to the crime in this case prior to the crime in this case, and the crime committed during the period of repeated crime is disadvantageous to the defendant.
However, on the other hand, there are favorable circumstances such as the confession of and reflect against the instant crime. In full view of these various circumstances and other various sentencing conditions, including the Defendant’s age, family relationship, environment, and circumstances after the commission of the crime, and the above sentencing guidelines, the sentence of imprisonment and the statutory detention are deemed inevitable, and the sentence is determined as per Disposition.