However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

1. On November 21, 2018, the Defendant, in response to the withdrawal, did not comply with the victim C’s demand on the part of the victim C in Seodaemun-gu Seoul, Seodaemun-gu, Seoul at around 01:00, to avoid a disturbance without paying approximately 10 minutes of alcohol, even upon receiving a request from the victim for return of money from the police officer on the same day at around 01:30 on the same day, even though the Defendant had avoided a disturbance within the main place, and did not comply with the demand from the victim for return of money from the police officer on the same day.

Accordingly, the defendant did not comply with the demand of the victim to leave without any justifiable reason.

2. The Defendant, at the time and place specified in paragraph (1), obstructed the victim’s main business by not later than 01:40 minutes after having received a request from the victim for the test to avoid selling alcohol, and the Defendant, without the victim’s permission, obstructed the victim’s main business by drinking in the cooling house and drinking in the table, and preventing the victim from drinking alcohol again, and intending to bring the alcohol again. The Defendant, at the time and place specified in paragraph (1), 10,000 won of the alcohol value, expressed a desire to request the victim to take the alcohol again, and obstructed the victim’s main business by not later than 40 minutes of the disturbance that was arrested as a flagrant offender on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to a report on investigation, a report on investigation (to hear statements by a victim's telephone), a recording document, and a report;

1. Relevant provisions of the Criminal Act and the choice of punishment for the crime: Article 319 (2) and (1) of the Criminal Act, Article 314 (1) of the Criminal Act and the choice of imprisonment, respectively;

1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution: Reasons for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for not more than seven years and not more than six months;

2. Application of the sentencing guidelines [Determination of the type of punishment] Obstruction of Duties (special-sponsers) - Reduction element of punishment (the scope of recommendation area and recommendation range) mitigated area, one month to eight months of imprisonment.