【Criminal Force】 The Defendant was sentenced to one year of suspended sentence for four months as a crime of assault in the Goyang Branch of the Jung-gu District Court on May 17, 2019, and the sentence becomes final and conclusive on May 25, 2019 and is currently under suspended sentence.

【범죄사실】 피고인은 2019. 7. 8. 21:00경 파주시 B에 있는 피해자 C가 운영하는 ‘D’ 식당 안에서, 아무런 이유 없이 그곳에 있던 손님들에게 “썅년아, 씹할 놈들아”라고 욕설을 하여 손님들이 위 식당에서 나가게 하고, 피해자에게 “썅년아, 씹할 년아, 개보지 같은 년아”라고 욕설을 하며 위 식당 바닥에 소변을 보는 등 소란을 피웠다.

Accordingly, the defendant interfered with the victim's operation of the above restaurant by force between about one hour and thirty minutes.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. On-site photographs;

1. Previous records of judgment: Criminal records, inquiry reports, and the application of Acts and subordinate statutes concerning investigation status;

1. The relevant Article of the Criminal Act and Article 314 (1) of the Criminal Act concerning the crime, the reasons for sentencing choice of imprisonment;

1. Scope of punishment by law: One month to five years;

2. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment [the determination of a type of punishment] interference with business affairs [the category 1] interference with business affairs (the special sentencing person]: Reduction element of punishment: Non-compliance area of punishment [the scope of the recommended area and the recommended punishment] mitigated area, one month to eight months of imprisonment.

3. The Defendant, while under the influence of alcohol, committed the crime of this case again without being aware of it during the suspension period of execution due to the crime of assault, while under the influence of alcohol, has committed the crime of this case. The nature of the crime is poor.

The crime of this case seems to have caused considerable damage to the victim's restaurant operation.

On the other hand, the defendant shows an attitude against the defendant's wrong recognition.

Along with the victim, the agreement was reached.

The above circumstances and the defendant's age, character, character, environment, etc.