A defendant shall be punished by imprisonment for four months.

Punishment of the crime

around 03:25 on August 25, 2020, the Defendant sought to sell more than 100 empty bottles at the D convenience store operated by the victim C ( South, 50 years of age) in Dongdaemun-gu Seoul, Seoul, and obstructed the victim’s convenience store business by force by avoiding disturbance over 10 minutes, such as hearing horses that it is difficult to sell more than 30 empty bottles from the injured party without a receipt, and breaking down 10 minutes of time by taking the victim’s desire to take care of and destroying the empty bottles on the floor.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of the Acts and subordinate statutes in two copies of CCTV photographs and caps;

1. Relevant Article 314 of the Criminal Act, Article 314 (1) of the Criminal Act, grounds for sentencing of sentence of imprisonment, and grounds for sentencing of sentence of the crime;

1. Scope of punishment by law: Imprisonment with labor for one month to five years;

2. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment [the types of decisions] interference with the affairs [the category 1] interference with the affairs [the special sentencing factors]: Reduction factors of the punishment (including the advanced efforts to recover damage) [the scope of the recommended punishment and the recommended punishment], reduction areas of the punishment, imprisonment with labor for one month to eight months;

3. Determination of sentence: The defendant, four months of imprisonment, recognized the crime of this case, and appears to have committed a mistake.

The defendant received a letter from the injured party and submitted a written agreement.

This is favorable to the defendant.

However, even though the defendant did not directly exercise the victim's tangible power, the method of crime of this case was threatened by destroying the glass disease on the floor within the business place.

The defendant's past record of criminal punishment has reached 14 times, and most of them are violent crimes.

In particular, on October 31, 2019, the Defendant was sentenced to six months of imprisonment with prison labor for the crime of injury, etc. at the Seoul Northern District Court, and two years of suspended execution, and the judgment became final and conclusive, and again committed the instant crime.

In light of the above criminal records of the defendant, the criminal act of this case committed during the suspension of execution shall be sentenced to imprisonment.