A defendant shall be punished by imprisonment for not less than two months.

Punishment of the crime

[criminal power] On August 29, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for the crime of interference with business, etc. by the Seoul Northern District Court, which became final and conclusive on September 6, 2012, and has a total of 14 times of punishment for violent crimes, including those under probation.

【Criminal Facts】

1. Around July 31, 2013, around 23:30 on July 31, 2013, the Defendant insultd the victim by openly citing to the large bitbit of bitbit of bit of bit of a bit of a bit of bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a

2. 업무방해 피고인은 같은 일시장소에서, 이처럼 피해자에게 욕하고, 손님 D와 E에게 “씨발년아, 담배 한 가치 줘봐.”라고 하면서 위 손님들의 팔을 잡고 시비를 거는 등 약 30분 동안 소란을 피워 이에 손님들이 겁을 먹고 나가거나 노점에 들어오려던 손님들이 들어오지 못하게 함으로써 위력으로 피해자의 노점영업 업무를 방해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 311 and Article 314 (1) of the Criminal Act concerning the facts constituting an offense;

1. Since the defendant stated that "the defendant committed a mistake by force" as to whether Article 37 (1) 2, Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes was reduced or exempted, it shall be deemed that the defendant was under the influence of alcohol at the time of committing the crime, but it cannot be determined that there was an obstacle to the risk of harm or decision-making, so the defendant's liability shall not be reduced or exempted.

Although the reason for sentencing acknowledges the defendant's mistake, ① even though the defendant was punished several times for the same kind of crime in the past, the same crime has been committed in the present period of suspension of execution, and ② in particular, the victim's harassment is committed every month.