A defendant shall be punished by imprisonment for a period of five months.

Punishment of the crime

[criminal history] On January 7, 2016, the Defendant was sentenced to three months of imprisonment for an injury by the Seoul Southern District Court, and was released from the Seoul Southern District Court on January 10, 2016 due to the cancellation of detention on January 10, 2016. On January 15, 2016, the said judgment became final and conclusive, and the execution of the sentence was completed by including the number of days of detention before the said final judgment.

[2] On September 20, 2017, the Defendant: (a) around 15:10 on September 20, 2017, the victim C (35 tax) located on the second floor of the building B in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu; (b) the Defendant did not receive the victim’s accommodation on the ground that the Defendant was under the influence of alcohol; and (c) the Defendant’s “Isk for funeral services on the ground that the Defendant was drunk.

“......... ... ... ... .... ......

In other words, it interfered with the victim's female accommodation business for about 20 minutes by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. C’s statement;

1. On-site photographs;

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, investigation report (report on the result of confirmation of the expiration date of the term of punishment related to repeated crimes), and the application of the detailed provisions of the statutes of this Court;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business and the choice of imprisonment);

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

1. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] shall interfere with the affairs, and the basic area (referring to six months to one year and six months) (referring to a person who has no special sentencing seal) of the basic area;

2. The Defendant, who was sentenced to sentence, did not know even during the period of repeated crime and committed the instant crime. The Defendant, on the ground that he refused accommodation, opened a boarding house and obstructed the business, such as avoiding disturbance from lying on the ground that she refused accommodation, and caused considerable damage to the victim.

There has been no particular recovery of damage, and the victim wants to punish the defendant.

Although there are such unfavorable circumstances, the defendant's mistake is recognized, and the defendant does not cause physical damage such as destroying water.