A defendant shall be punished by imprisonment with prison labor for three months.

Criminal facts

【Criminal Records of Crimes】 On July 13, 2016, the Defendant was sentenced to imprisonment for ten months for a crime of obstructing duties, destroying property, or violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Refence Violence, etc.) at the Busan High Court, and completed the execution of the sentence at the port prison on March 7, 2017.

【The Defendant is a person who has used a long-term room from 301 in Ulsan-gu, Ulsan-gu, the Defendant was a victim C (Y, 64 years of age) to use the “nick-gu, Ulsan-gu.”

1. On May 9, 2018, the Defendant: (a) around 18:30 on May 18, 2018, the Defendant destroyed property: (b) on the ground that the Defendant, alone, provided several phone calls to the victim, who is the owner of a business drinking alcohol, but was not connected with the telephone, he/she found it as a camera; and (c) on the ground that he/she was not connected with the telephone, he/she was “humo, sark sark”; and (d) on the hand, he/she destroyed property equivalent to KRW 100,000

2. The Defendant interfered with the business of the victim by force, such as: (a) the act of destroying property at the same time and place as set forth in paragraph (1); (b) and (c) the said female’s accommodation corridor return to about thirty (30) minutes; and (c) the Defendant took a bath, etc., and obstructed the victim’s female accommodation business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. The criminal place, the scene photograph of damage, and the list of reported cases;

1. Investigation report (only for an estimate of the entrance which has been damaged);

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries and the current expropriation status of individuals;

1. Relevant legal provisions concerning facts constituting an offense and the point of destroying property that is subject to the option of punishment: Article 366 of the Criminal Act; Article 314 (1) of the Criminal Act; Article 314 of the Criminal Act; Articles 314 (1) and of the imprisonment;

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

1. Grounds for sentencing of Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the same Act (a punishment imposed on a person who interferes with heavier business) of the said Act;

1. The scope of applicable sentences under law: Imprisonment for one month to 15 years; and

2. Application of the sentencing criteria;

(a) Category 1 (Interference with Business) (Special Sentencing) that interferes with the task of interfering with set forth in Category 1 (Determinations).