The punishment of the accused shall be determined by four months of imprisonment.

Punishment of the crime

피고인은 2019. 4. 4. 01:13경부터 02:10경까지 부천시 B에 있는 피해자 C이 운영하는 ‘D사우나’ 안에서 성명불상자로부터 “조용히 좀 해달라.”라는 말을 듣자 화가 나, 그곳 수면실로 들어가 잠을 자고 있던 손님들을 향하여 큰소리로 "개새끼야, 씨발새끼야. 내가 뭘 잘못했냐."라고 욕설을 하고, 손님에게 발길질을 하는 등 위력으로 약 10분 간 피해자의 사우나 영업 업무를 방해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. C’s statement;

1. Investigation report (to secure and analyze CCTV images at the site of the incident) and CCTV images attached thereto;

1. Application of Acts and subordinate statutes to investigation reports (F counterpart investigation of witnesses);

1. The relevant Article of the Criminal Act and Article 314 (1) of the Criminal Act concerning the crime, the reasons for sentencing choice of imprisonment;

1. The scope of recommendations on the sentencing criteria [the determination of types] the scope of recommendations [the scope of recommendations] the basic area of obstruction of business [the determination of the recommended area], six months - one year and six months; and

2. Determination of sentence: Determination of sentence: Determination of sentence shall take into account all the sentencing conditions shown in the arguments of the instant case, such as the following circumstances in six months of imprisonment with prison labor, and the age, character and conduct, environment, circumstances of the offense, and circumstances after the offense. However, determination of sentence within the scope of sentence recommended by the sentencing guidelines set by the Supreme Court sentencing committee is somewhat harsh to the defendant. Thus, determination of sentence shall be made in the same manner as the order, which goes

The favorable circumstances: The confession of the crime was made.

The misunderstanding has shown the misunderstandings.

D. Unfavorable circumstances: The degree of interference with business is not easy because it is a case that reads the disturbance in the new wall time, booms the users without any discrimination or verbal abuse, and shows violent attitude.

It has been punished four times for the same crime, including two times of the suspension of the execution of imprisonment, and is punished for other violent crimes.