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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
[Criminal Power] On December 20, 2018, the Defendant was sentenced to four months of imprisonment for a crime of intimidation at the Seoul Southern District Court (Seoul Southern District Court) on April 18, 2019, and thereafter released as the revocation of detention at the Seoul Southern Southern District Court on May 31, 2019, and completed the execution of the sentence on the same day as the said judgment became final and conclusive.
【Criminal Facts】
On June 29, 2019, at around 23:35, the Defendant, at the D main points in the operation of the Victim C located in Manan-gu, Manan-gu, Sindong-gu, the Defendant 15 minutes of 15 minutes of the Defendant, such as the Defendant, at around 23:35 on June 29, 2019, her clothes of customers who singing their singing at the same place under the influence of alcohol, her drinking, and her bath, and the Defendant, who sing down the breath of the Victim’s breath, was her hand,
Accordingly, the defendant interfered with the victim's main business by force.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement of C and E;
1. Related photographs, related video CDs;
1. Previous convictions in judgment: Investigation reports (precluding repeated crimes of suspects, etc.) and the application of statutes governing accompanying materials;
1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, the choice of imprisonment;
1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;
1. Scope of applicable sentences under law: From one month to ten years of imprisonment;
2. Class 1 (Interference with Business) (including specially-speed persons) mitigation elements according to the sentencing guidelines: The area of mitigation of punishment (including the area of recommendation and the scope of recommendation), the area of mitigation of punishment (including serious efforts to recover damage), imprisonment with labor for one month or from August;
3. Determination of sentence: (a) comprehensively taking account of the following circumstances and the Defendant’s age, character and conduct, growth process, environment, motive, means and consequence of the commission of the commission, circumstances after the commission of the commission of the crime, and various factors of sentencing as shown in the present case and the records, the sentence shall be determined within the scope of recommended sentencing guidelines.
D. Unfavorable circumstances: The Defendant committed the instant crime without any reason under the influence of alcohol, and committed the instant crime in light of the mode of crime, etc., which is not suitable for committing the instant crime.
The defendant has been punished several times for the same crime.