Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[Criminal Power] On April 12, 2016, the Defendant was sentenced to six months of imprisonment for the crime of interference with business at the Seoul Southern District Court, and completed the execution of the sentence at the Seoul Southern Southern District Court on August 4, 2016.
【Criminal Facts】
On September 23, 2016, from around 21:40 to 22:40 the same day, the Defendant, while drinking alcohol at the restaurant operated by the victim D in Gangseo-gu Seoul Metropolitan Government, was allowed to do so to the victim, but was not drinking at once, and took a bath to the victim, and was released from the restaurant on September 1, 200, by force, such as the following: (a) the Defendant’s voice: (b) the Defendant: (c) the Defendant, while drinking alcohol at the restaurant operated by the victim D in Gangseo-gu Seoul Metropolitan Government; and (d) the Defendant: (c) the Defendant expressed a voice on the ground that he was not drinking at once; and (d) the Defendant was released from the restaurant on September 1, 200
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused;
1. Written statements of D;
1. Investigation report (to secure the statements of the shots);
1. Results of investigation report and prisoner search, and results of individual case search;
1. Previous records of judgment: Criminal records, etc., investigation reports (verification of criminal records and criminal records of the same kind during the period of repeated crime), judgments (Seoul Southern District Court 2016 Height328), application of Acts and subordinate statutes on personal confinement status;
1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business and the choice of imprisonment);
1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;
1. Scope of the recommended punishment according to the sentencing guidelines (decision of types of punishment) [Interference with Business] and the aggravated factors (decision of the recommended area] (decision of the recommended area] of the aggravated factors (decision of the same kind of repeated crime) (decision of the recommended area] and one year to three years and six months;
2. Circumstances unfavorable to the decision of sentence: The Defendant committed the instant crime because he/she was sentenced to six months of imprisonment with prison labor for the crime of interference with business, etc., and was not released after his/her prison prison labor, thereby committing the instant crime.
The defendant has been punished several times for violent crimes, but has failed to improve character and behavior and has reached recidivism.
. The victim suffers;