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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[Common Criminal Power] On October 26, 2018, the Defendant was sentenced to one year of imprisonment with labor at the Seoul Southern District Court for the crime of interference with business, etc., and completed the execution of the sentence on July 5, 2019.
【Criminal Facts】
The Defendant: (a) from around 06:00 on March 9, 2020 to around 06:30 on the same day, the victim C on the first floor of the Guro-gu Seoul Metropolitan Government (hereinafter “D”) operated as an employee; (b) on the ground that the victim, under the influence of alcohol, told the victim of his/her desire and solicits him/her to return home; (c) sound; and (d) smoked in the instant restaurant, which is a non-smoking area, and obstructed the victim’s restaurant business by force.
On October 27, 2019, the Defendant interfered with the victim’s restaurant business by force by force, including: “G” restaurant managed by the victim F of the victim F in Eunpyeong-gu Seoul, Eunpyeong-gu from around 02:20 to 03:20 on the same day, in which the victim does not sell alcohol to the Defendant.”
Summary of Evidence
[200 Highest 1173]
1. A written statement of the defendant's partial statement C which contains a list of 112 reported cases;
1. In the investigation report (victim C telephone conversations), CCTV CDs [2020 order 1781] The Defendant’s partial statement of the court testimony F, H’s legal statement [20 order ] criminal history records, confirmation of whether the Defendant’s act constitutes a repeated crime, and the Defendant and the defense counsel for each individual’s acceptance status, the Defendant’s act constitutes an act of disturbance of drinking alcohol under the Punishment of Minor Offenses Act, and did not reach the power provided for in the crime of interference with business.
However, according to the above evidence, in relation to the case of the 2020 Godan1173 in the judgment, the defendant recklessly smokes tobacco in the restaurant, which is a non-smoking area, and mix it on the new wall, on the ground that the victim C was satisfing the defendant and soliciting him to return home.