A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[criminal power] On June 22, 2016, the Defendant was sentenced to three years of imprisonment with labor for interference with business, etc. at the Seoul Northern District Court, and on May 17, 2018, the same court was sentenced to eight months of imprisonment with labor for interference with business, etc. at the same court on August 3, 2018, and the said judgment became final and conclusive on August 3, 2018, and completed the execution of the said final sentence on September 14, 2019.

【Criminal Facts】

피고인은 2019. 11. 25. 22:20경 서울 강북구 B에 있는 피해자 C가 운영하는 ‘D’ 가게에서, 같은 날 18:00경 위 가게에서 치킨 반 마리를 주문했다가 거절당한 일에 불만을 품고 위 가게에 다시 찾아가 “내가 왜 이런 취급을 당해야 해, 씨발”이라고 큰소리로 욕설을 하며 그곳 유리 출입문에 자신의 머리를 수회 찧는 등 약 20분 동안 소란을 피워 위력으로써 피해자의 식당운영 업무를 방해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Criminal records as stated in the judgment: Criminal records, investigation reports, individual rulings, and application of Acts and subordinate statutes to the current status of confinement of individuals;

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 the recommended punishment according to the sentencing guidelines [decision of types] interference with business affairs [Type 1] interference with business affairs (special imprisonment for a person]: Where the degree of power is minor, the factors to increase the amount of punishment not punishable: Reduction area of the same repeated crime [the area of recommendation and recommendation range] mitigation area, imprisonment with labor for one month through eight months.

3. The fact that a person has completed imprisonment with labor for the same kind of crime as a decision of sentencing and again commits the same crime in the past two months, and the fact that the person cannot escape from punishment as a crime during the period of repeated crime is disadvantageous.

On the other hand, the means and degree of force such as abusiveism and self-harm are minor, and a written application for penalty has been submitted.