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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On April 29, 2016, the Defendant was sentenced to a suspended sentence of three years for a crime of interference with business, etc. at the Seoul Northern District Court. On November 10, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for the crime of obstruction of performance of official business at the same court, which became final and conclusive on June 5, 2017, and the sentence of the suspended sentence became void upon the final and conclusive judgment. On May 21, 2018, the period of paroled on May 21, 2018 during the execution of each of the above sentence at the Seoul East East Detention House, and on August 24, 2018, the Defendant was sentenced to four months of imprisonment with prison labor for the crime of damage to public goods at the same court on the same date and revoked on December 22, 2018, and completed the execution of the above sentence on the same day as the judgment became final and conclusive on January 18, 2019.
The Defendant, from around 19:10 on March 3, 2019 to 19:30 on the same day, within the “D restaurant” operated by the victim C in Seoul Special Metropolitan City, Nowon-gu from around 19:10 to around 19:30 on the same day, the Defendant took a bath to the said victim at a large level, such as “coppy, the same youth, dead, etc.,” among the victim E who managed the said restaurant on the ground that the victim E does not perform brucing and drinking. The Defendant took a bath to the said victim, and prevented customers in the restaurant from taking the 20 minutes of the disturbance, such as putting about 5 soldiers in the cooling, who were on the restaurant, on the floor of the restaurant that was on three occasions.
As a result, the defendant damaged 50 million won in total of the market price owned by the above victim C, and interfered with the above victim E restaurant management work by force.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement of E;
1. A E-document;
1. An investigation report (related to statements held by a restaurant operator);
1. A report on investigation (related to a suspect's work);
1. A criminal investigation report (related to the verification of CCTVs at the site) and photographs of field CCTV images attached thereto;
1. On-site photographs;
1. Previous records before ruling: Criminal records, etc., inquiry reports, investigation reports (verification of repeated crimes), and application of Acts and subordinate statutes to criminal investigation reports;
1. Relevant Articles of the Act concerning the facts constituting the crime;