A defendant shall be punished by imprisonment with prison labor for four months.

Punishment of the crime

The Defendant, on February 12, 2010, was sentenced to a suspended sentence of 8 months by imprisonment with prison labor for the crime of interference with business, etc. at the Gwangju District Court, and on June 10, 201, the same court received a summary order of 2 million won as a fine for the crime of interference with business. On May 11, 2012, the same court issued a summary order of 700,000 won as a fine for the crime of assault, etc. and on July 11, 2012, issued a summary order of 50,000 won as a public performance and obscene crime.

On January 19, 2015, the Defendant, at around 23:00, under the influence of alcohol in a restaurant with the trade name of “D” where the victim C works in Gwangju Northern-gu, Gwangju Northern-gu, and obstructed the victim’s restaurant business by force by avoiding the disturbance for about 30 minutes, such as taking a bath for the victim’s “Ying-gu”.

<2015고단671> 피고인은 2015. 2. 15. 15:20경 여수시 E에 있는 피해자 F가 운영하는 ‘G’이라는 상호의 식당에서 술에 취한 상태로 신발을 벗어 손님 쪽으로 내던지면서 “니미 씨발, 좃같이”라고 욕을 하고, 주방으로 들어가 욕을 하면서 “밥을 공짜로 주라”라고 소리치는 등 약 10분 동안 소란을 피워 위력으로써 피해자의 식당영업 업무를 방해하였다.

Summary of Evidence

Criminal records.

1. A reply to criminal records, and the previous investigation report and related investigation report;

1. Defendant's legal statement;

1. Examination protocol of suspect of the police accused;

1. A written statement of C and on-site investigation report, such as a statement of C and on-site investigation status (the Nos. 1 and 2 of the evidence list);

1. Defendant's legal statement;

1. Examination protocol of suspect of the police accused;

1. Application of F’s written Acts and subordinate statutes;

1. Relevant Article 314 of the Criminal Act concerning facts constituting an offense and choice of penalty to imprisonment with prison labor under Article 314 of the Criminal Act

1. Article 37 of the Criminal Code among concurrent crimes.