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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On January 24, 2018, the Defendant sentenced 8 months to imprisonment with labor at the Seoul Eastern District Court for the crime of interference with business, and completed the execution of the sentence on February 16, 2019.
On August 5, 2019, the Defendant: (a) around 22:00, the victim C, operated by Gangdong-gu Seoul Metropolitan Government, and obstructed the victim’s bar business business by force, by forcing customers to avoid a disturbance of about 20 minutes, such as “I ambling a short string,” and “I ambling, I ambling, I ambling, I ambling, I ambling, I ambling, I ambling, I ambling, I ambling, I ambling, I ambling, I ambling, and ambling I am.”
At around 17:26 September 12, 2019, the Defendant: (a) laid off one verification color room equivalent to KRW 890,000 in the market price owned by the victim, which was displayed at the entrance display stand by the victim G in the first floor of the Gangdong-gu Seoul Metropolitan Government's EE departmentF store, using the gaps in the surveillance of the victim and his employees.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement of C and G;
1. Police seizure records;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment, etc. of the same type of power judgment) and statutes;
1. Relevant Article 329 of the Criminal Act and Article 314 (1) of the Criminal Act (Interference with Business and Selection of Imprisonment) concerning criminal facts;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes;
1. Scope of punishment by law: One month to eighteen years of imprisonment;
2. Scope of recommended sentences according to the sentencing criteria;
(a) Class 1 (Determination of thief) / [Type 2] general larceny [Class 2] - mitigated elements: In the area of punishment [the scope of recommendations and recommendations] mitigation [the scope of recommendations] mitigation area, April to October [the general person] mitigation elements: in the case where considerable damage has been restored.