A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

On October 27, 2016, the Defendant was sentenced to four months of imprisonment for property damage by Seoul Southern District Court, and the execution of the sentence was completed on January 14, 2017.

around 00:30 on June 7, 2018, the Defendant, while drinking alcohol in front of the E convenience store operated by the victim D in Namyang-si, Namyang-si, the Defendant obstructed the victim’s convenience store business by force for about 30 minutes on the ground that he/she, while drinking alcohol in front of the convenience store operated by the victim D, he/she collected plastics bottles, bread, and booms on the ground that he/she was frightened on the floor, and he/she was frightened with an article, sound, and reported 112 by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site photographs;

1. CCTV closure photographs;

1. Previous convictions: Inquiries about criminal history, investigation reports (verification of repeated crimes), and application of Acts and subordinate statutes to criminal reports (Attachment to previous rulings, etc. of the same history);

1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense, Article 314 (1) of the Criminal Act concerning the selection of punishment, and imprisonment;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of the punishment according to the sentencing guidelines of the Supreme Court] Article 35 of the Criminal Act for aggravated repeated crimes [the scope of the punishment pursuant to the sentencing guidelines of the Supreme Court] The scope of mitigation (influence of punishment, January through August 8) of the category 1 (influence of duties), which interferes with the duties of the task force group, [the decision of sentencing] has a history of being subject to criminal punishment on several occasions of violent crimes committed by the Defendant under the influence of alcohol. In particular, after the execution of punishment on January 14, 2017 has been completed, the crime committed more than seven times prior to

One of them was formal trial, and was detained for one month during the process, and was sentenced to a fine and released.

Nevertheless, the Defendant committed the instant crime again.

It is not significant that the damage of the crime itself is not severe.

Even if the above crime is repeated and the risk of recidivism is considered, it is necessary to punish the defendant strictly.