A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On July 10, 2014, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Daegu District Court on February 1, 2015, and the sentence was terminated at the Daegu Detention House on February 1, 2015. On August 24, 2016, the Defendant was sentenced to four months of imprisonment with prison labor for property damage at the Daegu District Court on September 1, 2016.

1. On January 30, 2016, from around 13:00 to 13:20 of the same day, the Defendant, under the influence of force, obstructed the victim’s restaurant business by having the customers in the restaurant go out of the restaurant by socing the disturbance, such as drunkly drinking at the D restaurant operated by the victim C, taking the victim’s bath, throwing away on the floor of glass cups, and breaking it out of the restaurant.

2. On January 31, 2016, from around 13:00 to 13:10 on the same day, the Defendant: (a) under the influence of alcohol in the above D restaurant, and obstructed the victim’s restaurant business by force by avoiding disturbance, such as taking a bath to the said victim; and (b) singing in a large amount of voice; and (c) allowing customers on the restaurant to leave the restaurant; and (d) undermining the victim’s restaurant business by diveing them by locking on the floor inside the restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Investigation report (to hear reports on the victim, reference witness's telephone statement);

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (report attached to judgments), personal confinement status, submission of data related to criminal records, and the application of Acts and subordinate statutes related to criminal records;

1. Article 314 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

1. Article 35 of the Criminal Act among repeated crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of recommendations on the sentencing criteria: Imprisonment with prison labor for a period of between one year and six years, and a person who is specially under the aggravated area (one to a third year) (one year and six months): A repeated crime of the same kind;

2. The accused who has been sentenced to punishment three times or three times or more of a fine due to the same kind of crime of interference with business or violence crime.