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A defendant shall be punished by imprisonment for not less than two months.
Reasons
Punishment of the crime
On September 23, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor due to interference with the execution of official duties in the credit support of Suwon Friwon, and completed the execution of the sentence in a female correctional institution on March 5, 2017.
On June 6, 2018, the Defendant interfered with the victim’s main store business by force between approximately 20 minutes, including: (a) the victim C (n, 57 years of age)’s sensing, going beyond the wind line for public relations; and (b) the customer with his/her will to leave; and (c) the victim’s main store business by force between approximately 20 minutes.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement and written complaint;
1. 112 A list of reported cases;
1. Investigative Report - Attachment of agreements and withdrawal of complaints
1. Written inquiry about criminal history, etc.;
1. Application of Acts and subordinate statutes concerning personal confinement;
1. Article 314 (1) of the Criminal Act, and the choice of punishment for the crime;
1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;
1. One month to eight months from the scope of the recommended sentence (unlimited to the penalty);
2. The determination of sentence shall take into account the favorable circumstances, such as the fact that the Defendant was aware of and reflects his criminal conduct, and the agreement with the victim.
The fact that the defendant has been punished twice for the same kind of crime, that the defendant committed the crime of this case even during the period of repeated crime, and that the same victim has avoided disturbance at the same place of business on the preceding day of this case, etc. shall be considered disadvantageously.
In this context, the sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, sex, environment, etc., are comprehensively considered.