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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On March 16, 2018, the Defendant was sentenced to six months of imprisonment with prison labor for the crime of interference with business in the Gwangju District Court's wooden branch on March 16, 2018, and completed the execution of the sentence in the Sejong Prison on June 30, 2018.
Criminal facts
On June 7, 2019, from around 06:27 to 06:37 of the same day, the Defendant was unable to avoid disturbance for about 10 minutes, including, but not limited to, “D” convenience stores for the operation of the Victim C (V, 46 years old), under the influence of alcohol, the Defendant: (a) was under the influence of alcohol to the victim who was in the relevant carter; (b) deemed as having been discharged from the territory of the Republic of Korea for about 10 minutes.
Accordingly, the Defendant interfered with the victim's convenience store operation by force.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. Data on the report of internal investigation (verification of CCTV images at convenience stores) and video recording of CCTV at convenience stores;
1. Report on internal investigation ( telephone conversations for witnesses);
1. A report on investigation (or confirmation of the party to the victim);
1. Previous convictions: Criminal records, investigation reports (verification of interference with a suspect's business), judgment, and application of Acts and subordinate statutes in four copies of summary order;
1. Article 314 (1) of the Criminal Act applicable to the crimes and Article 314 of the Election of Imprisonment;
1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;
1. Scope of applicable sentences under law: One to five years of imprisonment;
2. Scope of the recommended punishment according to the sentencing guidelines [the scope of punishment [the range of punishment] of the recommended punishment according to the sentencing guidelines] interference with the affairs [the category 1] interference with the affairs (the special person]: Reduction factors of the punishment (including serious efforts to recover damage): Reduction area of the same repeated crime [the recommended area and the scope of the recommended punishment], and one month through eight months of imprisonment.
3. Determination of sentence: Six months of imprisonment;