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

Criminal facts

【Criminal Power】 On May 11, 2018, the Defendant was sentenced to one year of imprisonment with prison labor at the Seoul Central District Court for the crime of interference with business, and the execution of the sentence was completed in the Ansan Prison on December 15, 2018.

【Criminal Facts】 From March 8, 2019 to 21:20 on the same day, the Defendant: (a) around March 20, 2019, at the “D” restaurant where the victim C (n, 67 years of age) working in Seocho-gu Seoul Metropolitan Government from around 20:30 to 21:20 on the same day; (b) without any special reason, the Defendant obstructed the victim’s restaurant business by force by allowing the customers who had provided meals in the said restaurant to enter the restaurant by driving a cream, having the victim take a bath and talked with the victim; and (c) allowing them to leave the restaurant, thereby obstructing the victim’s restaurant business by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police interrogation protocol of the defendant;

1. C’s statement;

1. A criminal investigation report, an investigation report, and a criminal investigation report;

1. Previous convictions in judgment: Criminal records, investigation reports (criminal records and other academic reports, such as the identity of a suspect), and application of Acts and subordinate statutes concerning personal confinement;

1. Article 314 of the Criminal Act applicable to the crimes;

1. The reason for sentencing under Article 35 of the Criminal Act among repeated offenders [the scope of recommending punishment] [the basic area of interfering with business]: the mitigation pursuant to the reason for aggravation and mitigation pursuant to the reason for aggravation and mitigation (the reason for mitigation) of six months to one year and six months (the person who has been specially punished): the decision of sentencing should take into account the motive and background of the crime in this case; the degree of violence exercised; the defendant agreed with the victim; the defendant's age, character and conduct, criminal records (in particular, the crime during the period of repeated crime due to the same kind of crime); and the circumstances after the crime, etc.; the defendant was sentenced to imprisonment as ordered.

It is so decided as per Disposition for the above reasons.