A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On December 21, 2017, the Defendant was sentenced to four months of imprisonment with prison labor for an injury at the Busan District Court, and completed the execution of the sentence on April 19, 2018.

At around 17:40 on October 23, 2018, the Defendant: (a) obstructed the business of the victim of the instant case from around 15 minutes until around 18:15 minutes of the instant case, following the following day: (b) around 17:40 on the victim C, who had been in the Busan Shodong-gu B, going to talk with the owner of a bicycle store in the vicinity of the D cafeteria operated by the Defendant; (c) the Defendant: (d) the Defendant: (d) obstructed the business of the victim of the instant case, including: (d) the Defendant: (e) the Plaintiff: (e) the victim, who had been 9 customers, expressed a request for drinking to the victim; (e) the victim, who had been witnessed in the foregoing situation, expressed that “the victim is drinking too much; (e) the same shall not apply to drinking; and (e) the victim and the employees of the said cafeteria; and (e) (e) the Defendant: (e) the victim and the employees of the said cafeteria.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Investigation report (No. 1 No. Serial of evidence list);

1. Previous records of judgment: Criminal records, etc. inquiry reports, investigation reports (report on confirmation of the fact of repeated crimes of a suspect), application of statutes governing judgment;

1. Article 314 (1) of the Criminal Act applicable to the crimes and Article 314 of the Election of Imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Type 1 (Interference with Business) (1 to 8) area subject to mitigation (1 to 1) (2) (2) area subject to special mitigation) of the sentencing criteria; 3) areas subject to punishment not subject to punishment (including serious efforts to recover damage); 4) same repeated crimes of the same kind;

2. The Defendant, who was sentenced to criminal punishment for the same type of crime, committed the instant crime in the remaining 6 months from the date on which the execution of the sentence was completed without being aware of the fact that the Defendant was sentenced to criminal punishment for the same type of crime, even during the period of repeated crime, and committed the instant crime. The instant crime was committed by the Defendant by avoiding disturbance at a restaurant, thereby obstructing his business, and the nature of the crime is not good.