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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal power] On June 29, 2018, the Defendant was sentenced to eight months of imprisonment for property damage, etc. in the branch court of Suwon District Court, and completed the execution of the sentence in the female prison on January 22, 2019.
【Criminal Facts】
At around 16:30 on April 16, 2019, the Defendant interfered with the victim’s restaurant business for about 15 minutes, such as drinking food to the victim “D” operated by the victim C in Ischeon-si B, and drinking food to the victim, and drinking music to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. On-site photographs;
1. Attachment of a investigation report (to be accompanied by field CCTV images)-CCTV;
1. Criminal records as indicated in the judgment: Criminal records, US records and results of confirmation, attachment of written judgments, and application of Acts and subordinate statutes concerning personal confinement;
1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, the choice 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. Aggravation of the range of recommending punishment according to the sentencing guidelines [the scope of recommending punishment] interference with affairs [the category 1] interference with affairs (the scope of recommending punishment and recommending punishment]: In the area of aggravation of the same repeated crime [the scope of recommending punishment and recommending punishment], one year to three years and six months.
3. Determination of sentence: The defendant, for six months of imprisonment with prison labor, has been sentenced to more than ten times to violent crimes, and, in particular, for eight months of imprisonment with prison labor for the crime of interference with business, etc. in 2018 and completed the execution of the sentence, repeated the instant crime during the period of repeated crime.
In addition, no particular measure was taken for the recovery of damage.
However, the degree of damage of the victim is not serious.
The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.