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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
On August 18, 2016, the Defendant was sentenced to 10 months of imprisonment with prison labor by obstructing business operations by the Seoul Northern District Court, and completed the execution of the sentence in Seoul Southern Prison on April 29, 2017.
Criminal facts
1. On March 7, 2018, around 22:20 on March 7, 2018, the Defendant placed an order with the same attitude that he/she would pay the amount to E in the “Okin” operated by the victim D in Seoul Jung-gu, Seoul.
However, in fact, the Defendant did not have any intention or ability to pay the price, even if he was provided with skin from the victim, since there was no money held by the Defendant.
As such, the Defendant was provided with 18,00 won in total from the injured party, and 1 enlisted as marin and 1 enlisted as the victim.
Accordingly, the defendant was given property by deceiving the victim.
2. On March 7, 2018, the Defendant: (a) breathddddd the place specified in paragraph (1) at around 22:53 on March 7, 2018; (b) without any justifiable reason, she breaddddd
Accordingly, as the victim E, who is an employee of the place, demanded the defendant to pay the price and return home, the defendant who has been suffering from satising "no money", the defendant continued to put the other customers with the desire to "welve", and let the people who want to enter the place by avoiding the disturbance get out of the place.
Accordingly, the defendant interfered with the work of the damaged person's skin sales store by force.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. E statements;
1. A receipt and a certificate of business report;
1. A report on investigation (a statement by a victim);
1. Previous convictions: References to inquiries, investigation reports (Attachment to the judgment, etc.), and application of Acts and subordinate statutes on personal expropriations;
1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 314(1) of the Criminal Act (the point of interference with business), and the choice of imprisonment with prison labor;
1. Article 35 of the Criminal Act for aggravated repeated crimes.