A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On August 11, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for an injury, etc. at the Changwon District Court, and completed the execution of the said sentence on December 31, 2015. On August 9, 2016, the Defendant was sentenced to four months of imprisonment with prison labor for the crime of interference with business at the Changwon District Court Msan Branch Branch, and the said judgment became final and conclusive on November 4, 2016.

On July 14, 2016, around 16:30 on July 14, 2016, in D operated by the victim C in Changwon-si, Changwon-si, the Defendant abused the victim's neck with his hand floor and drinking with two times the victim's neck because the victim was under the influence of alcohol and demanded the victim to move out of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of C prepared by the police;

1. Previous records: Application of Acts and subordinate statutes to inquiries, such as criminal records, investigation reports, judgment attached thereto, output of the results of case search in (b), and current status of acceptance of individuals;

1. Article 260 (1) of the Criminal Act applicable to the facts constituting an offense and Article 260 (1) of the Election of Imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act that treats concurrent Crimes [the scope of recommendations] The aggravated area (4 to 1 year) of the first type of assault crime [the person under special jurisdiction] of the same repeated crime (excluding the six types of repeated assault crime) [the decision of sentence] four months of imprisonment with prison labor] has the record of being punished several times due to violence-related crimes, and the defendant was sentenced to one year of imprisonment with prison labor for injury, etc. at the Changwon District Court on August 11, 2015, and on December 31, 2015, after the execution of the above sentence was completed, the period of repeated crime is the period of repeated crime, even if he was tried for the same kind of crime, and it was not agreed with the victim, etc., the sentence to the defendant is inevitable.

However, considering the fact that the defendant acknowledges his mistake and reflects, the fact that the crime of this case and the crime of interference with business of this case, which became final and conclusive, should be considered at the same time in the case of judgment, etc.