A defendant shall be punished by imprisonment with prison labor for three months.

Criminal facts

【Criminal Power】 On November 1, 2018, the Defendant was sentenced to six months of imprisonment with prison labor for the crime of destroying and damaging special objects, and obstruction of performance of official duties in the Port Support of the Daegu District Court. On March 14, 2019, the Daegu Detention House completed the enforcement of the sentence.

【Criminal Administration” around 20:00 on July 29, 2020, the Defendant found the drinking in the marina operated by the victim C in Ulleung-gun B, and was unable to avoid disturbance for about 10 minutes due to the following reasons: (a) the Defendant found the drinking in the marina operated by the victim C in Ulleung-gun B, i.e., “at a level of hot water, there is no price list; (b) the booms and fruit boxes in front of the monthly display stand, were put in the bring floor; and (c) the Defendant was able to avoid disturbance for about 10 minutes.”

Accordingly, the Defendant interfered with the victim's marina business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. On-site photographs;

1. A report on internal investigation and a report on investigation into each case;

1. Previous convictions in judgment: Criminal records, results of inquiry into criminal records, and application of Acts and subordinate statutes concerning investigation reports (related to criminal records);

1. Relevant laws concerning criminal facts, Article 314 (1) of the Criminal Act that choose a penalty, and the choice of imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. The scope of punishment by law: One month to ten years;

2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types of punishment] interference with the affairs (the category 1], interference with the affairs (the person specially punished] - The factors of mitigation - The factors of aggravation - The factors of aggravation : There are no areas of mitigation [the scope of the recommended area and the range of the recommended punishment], one month to eight months (the person who is a general person).

3. As well as the above sentencing factors, the Defendant was punished by a fine even though he committed the crime of obstruction of the performance of official duties in 2017, and the Defendant was punished by the crime of obstruction of the business during the period of suspension of the execution of imprisonment, and the Defendant was punished by a fine in 2020 during the period of the repeated crime due to the previous offense, even though he was punished by a fine in 2020.