Text
A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
[criminal records] On December 16, 2016, the Defendant was sentenced to 8 months of imprisonment with prison labor for an injury and 2 years of suspension of execution on December 24, 2016, and the said judgment became final and conclusive on December 24, 2016, and is currently under suspension of execution. On March 24, 2017, the Daegu District Court sentenced the Defendant to 4 months of imprisonment with prison labor for interference with business affairs, etc. and completed the execution of the said sentence on May 14, 2017.
[Criminal facts] The Defendant, from around 00:30 on December 18, 2017 to around 01:10, while drinking alcohol at the “E” restaurant operated by the victim D in Daegu-gu, Daegu-gu, from around 00:30, to around 01:10, without any reason, she seems to be on the part of female customers and employees who had drinking alcohol at the next table without any reason.
The court of the first instance D. B has livedd for six months at the court of the first instance.
B. B. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L
Accordingly, the defendant interfered with the victim's restaurant business by force.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement;
1. Photographs and investigation report at the time of committing the victim (to hear oral statements from the victim);
1. Previous convictions: Application of a reply to inquiries, such as criminal history, investigation report (verification of the period of repeated offense and confirmation during the suspension of execution), each judgment, personal confinement status, summary information-related Acts and subordinate statutes;
1. Article 314 (1) of the Criminal Act, and the choice of punishment for the crime;
1. In view of the fact that the defendant, on the grounds of sentencing Article 35 of the Criminal Act for aggravated repeated crimes, committed an offense under the influence of alcohol without being aware of the suspension of execution due to the crime of injury and the period of repeated crime due to the same crime despite the past record of having been punished several times, a sentence is inevitable.
However, the fact that the defendant is against the defendant, and that the defendant agreed smoothly with the victim shall be considered in favorable circumstances, and the defendant's age, sex, environment, family relationship, motive and consequence of the crime, and other circumstances shown in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered in consideration of the text.