A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[criminal power] On April 25, 2019, the Defendant sentenced ten months to imprisonment with prison labor for the crime of special intimidation, crime of interference with business, and crime of destruction and damage of special property at the Suwon District Court, and completed the execution of the sentence in the female prison on January 3, 2020.

【Criminal Facts】

On July 16, 2020, from around 16:30 to 17:20, the Defendant interfered with the operation of the restaurant by the victim under the influence of: (a) while drinking alcohol in D’s restaurant managed by the victim C(D) of the victim C(59 years of age, women) in Suwon-si B; (b) without any particular reason, drinking a large amount of excreta; and (c) cutting the table with his hand on the part of the consignee who was carrying alcohol and food.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Previous records of CCTV CDs: Application of Acts and subordinate statutes, such as a summary order and judgment;

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

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Aggravation of the range of recommending punishment according to the sentencing guidelines [the scope of recommending punishment] interference with affairs [the category 1] interference with affairs (the scope of recommending punishment and recommending punishment]: In the area of aggravation of the same repeated crime [the scope of recommending punishment and recommending punishment], one year to three years and six months.

3. The Defendant, who was sentenced to criminal punishment, was subject to criminal punishment on seven occasions (including two occasions of actual punishment) for an offense of violence under the influence of alcohol;

The Defendant, as stated in the first head of the judgment of April 2019, sentenced ten months to imprisonment for the same crime, and committed the instant crime during the period of repeated crime.

Although the defendant recognizes the crime of this case, it is doubtful whether it is genuine in that it repeats the crime of this case.

Although the defendant did not recover from damage, the victim does not punish the defendant.

In addition, the sentencing conditions indicated in the records, such as the defendant's age, character and conduct, family environment, motive or background of the crime, means and method of the crime, and circumstances after the crime, shall be comprehensively taken into account, and they shall deviate from the lower limit set in the