Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On September 7, 2016, the Defendant was sentenced to four months of imprisonment with prison labor by the Seoul Western District Court on September 7, 2016, and completed the execution of the above sentence in the Seoul Southern Southern District Court on November 30, 2016.
Criminal facts
On June 3, 2017, at around 14:05, the Defendant was unable to start the bus without paying the money from the bus No. 2015 operated by the victim D at around 334, Seoul, 2017.
The Defendant, on the ground that he told the victim that he was seated by the victim, expressed the victim’s desire to “I am, Chewing fright, I am out of the country,” and expressed the customer “I am, Chewing fright, I am h.” against the victim, doing his behavior as if the victim and the customer were at the time of drinking, and did not board the bus.
Accordingly, the Defendant interfered with the bus operation of the injured party by force over 40 minutes as above.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Investigation report (related to extracting data on CCTV images in buses);
1. Previous convictions in judgment: Inquiry about criminal history, current status of personal confinement, application of Acts and subordinate statutes to a report on investigation (report attached to a judgment);
1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendation] interference with the business of Article 35 of the Criminal Act / [one year to three years and six months] of the aggravated area (a special aggravation of punishment] of the same type of repeated crime / [a] the defendant has the criminal records of being punished several times, and the defendant has committed the crime in this case without being aware of the criminal records of the same kind of crime, and the period of repeated crime due to the same criminal record in the judgment. However, the defendant approved his/her own crime and reflected it in the crime in this case, such as the defendant's age, sexual behavior, environment, motive and result of the crime, circumstances after the crime, etc.