A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On February 4, 2016, the Defendant was sentenced to eight months of imprisonment by the Incheon District Court due to interference with business affairs, etc., and completed the execution of the sentence on April 24, 2016 in the Ansan Prison.

On July 12, 2016, from around 05:30 to 06:30 on the same day, the Defendant, under the influence of alcohol, obstructed the victim’s restaurant business by avoiding disturbance, such as smoking, smoking, drinking, drinking, drinking, drinking, drinking, drinking, drinking, drinking, drinking, drinking, and drinking, thereby obstructing the victim’s restaurant business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site CCTV photographs;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning the current status of confinement by sentence and individual;

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Sentencing Criteria: Class 1 (Interference with Duties) area (i.e., month to August) in which a reduction is made (special mitigation/increased) (including serious efforts to recover damage) in the area of punishment; and / Area of repeated crimes of the same kind;

2. The degree of interference with the business of this case is not easy, and the defendant has been punished several times as a crime of interference with the same kind of crime, and in particular, even though he is a repeated crime due to the same kind of crime, he again committed the crime of this case.

Accordingly, the defendant is sentenced to punishment.

However, the term of punishment shall be determined in consideration of the fact that the defendant's mistake and reflects, the fact that the defendant has agreed with the victim, the age, sexual conduct, environment, means and results of the defendant, and the circumstances before and after the crime, etc.