A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On May 9, 2013, the Defendant was sentenced to two years of imprisonment with prison labor due to interference with business in Busan District Court, and on December 20, 2014, the Defendant completed the execution of the sentence in Busan District Court.

On November 26, 2017, around 17:00, the Defendant interfered with the victim’s restaurant business by force by putting the victim’s “D” restaurant operated in the Geum-gu Busan Metropolitan City, for the reason that his employee does not drink any alcohol, and preventing the customers from eating the disturbance for about one hour, such as referring to the victim’s “n't drink any drinking,” and referring to the victim’s “n't drink any drinking,” thereby obstructing the victim’s restaurant business.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to investigation reports (verification of the fact during the period of repeated crimes of suspects);

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

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Where the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing criteria, [the scope of the recommended punishment], the scope of the mitigated punishment (one month to eight months) (special mitigation) or the degree of the threat of force or deceptive scheme, or the degree of interference with the affairs, is insignificant / The same repeated crime of the same kind;

2. Circumstances disadvantageous to the determination of sentence: The punishment records of several times for the same and different crimes (including 10 times of imprisonment with prison labor); three times during the repeated crime period for the same crime; and three times during the repeated crime committed by the same crime; and each time, the punishment of a fine (8 million won, 2 million won, and 7 million won) was imposed; however, the circumstances favorable to the fact that the crime in this case occurred again: The other is against the defendant's age, sex, environment, motive, means, results of the crime; and all the conditions of the punishment, including the circumstances after the crime, shall be considered;