A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[criminal power] On September 22, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for special injury, etc. at the Seoul Western District Court, and the execution of the sentence was terminated on March 22, 2019.

【Criminal Facts】

On June 12, 2019, the Defendant: (a) around 21:30 on June 21, 2019, at the D convenience store operated by the victim C in Eunpyeong-gu Seoul Metropolitan Government; (b) on the ground that the victim was unable to drink alcohol within the convenience store, the Defendant: (c) made the victim a large voice of “packer, whether he would grow up theme, and dead and discarded,” and (d) interfered with the victim’s convenience store business by force by avoiding disturbance, such as “PP Mara,” and “P Mara.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on investigation (a CCTV investigation);

1. Results of reproducing CCTV images and viewing them;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of the same type of suspect records);

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 month to ten years of imprisonment;

2. Scope of recommendation [decision of types] according to the sentencing criteria: Prohibition of Interference with Business: [Type 1] There is no interference with business [the scope of recommendation field and recommendation range], basic area (the scope of recommendation field and recommendation range], and six months to one year and six months.

3. The crime shall not be deemed to have been committed by finding out the convenience points operated by the victim, who reported himself/herself of the sentence, for the purpose of paragraph (1).

It is a crime during the period of repeated crime.

However, in light of the degree of power exercised by the defendant, the fact that the victim does not want the punishment of the defendant on the condition that the victim does not find a convenience store, and other circumstances constituting the sentencing conditions, such as the defendant's attitude in the process of public trial, age, character and conduct, environment, motive and consequence of the crime, and circumstances after the crime, the punishment as ordered shall be determined.