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

Punishment of the crime

【The Defendant was sentenced to eight months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on June 20, 2014, and completed the execution of the sentence at the Seoul Detention Center on September 19, 2014. On April 8, 2015, the same court was sentenced to eight months of imprisonment with prison labor for the same crime and completed the execution of the sentence at the Kimcheon Juvenile Prison on October 1, 2015. On January 14, 2016, the Daegu District Court sentenced 50,000 won of imprisonment with prison labor for injury, etc. and completed the execution of the sentence at the Daegu Juvenile Prison on March 28, 2016.

[Criminal Facts]

1. Around August 6, 2016, the Defendant assaulted the victim’s face by drinking and hand-oning the victim’s face at a main point where the victim D (26 years of age) working in Yangcheon-gu Seoul Metropolitan Government (hereinafter referred to as “C”), who is demanded by the victim to drink alcohol and to settle the drinking value from the victim, and by walking the victim’s mouth.

2. The Defendant interfered with the business of the victim by force for about 30 minutes, including the time and place indicated in paragraph 1, and the large sound at a place, which read as “the victim’s main store business,” with the large sound, i.e., e., chron, chron, bitch bitch, fump, fump, etc., and dump to other customers.”

Summary of Evidence

1. Witness F;

1. Protocols of examination of witnesses regarding D or E;

1. Previous convictions: Inquiries about criminal history and reporting criminal investigations (the application of Acts and subordinate statutes during the period of repeated crime of a suspect and the records of the same kind of crime);

1. Article 314 (1) of the Criminal Act (the point of interference with business), Article 260 (1) of the Criminal Act (the point of violence) and the choice of imprisonment with prison labor for the crime concerned;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Violation of the former part of Article 37, Article 38(1)2, Article 50 of the Criminal Act, Article 1 of the reason for sentencing [the scope of recommended punishment] of the Act on the Aggravated Punishment of Concurrent Crimes, Article 1 of the Act on the Aggravated Punishment of Crimes, Article 1 of the Act on the Aggravated Punishment of Crimes (Assault) [the scope of recommended punishment] of the aggravated area (4 months to 1 year), Article 2 of the same type of repeated crime (excluding the types of repeated and repeated crimes among six types) [the scope of recommended punishment] of the aggravated area (excluding the types of repeated and repeated crimes among six types].