A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

1. On May 16, 2015, the Defendant violated the Punishment of Violence, etc. Act (collectively weapon, etc.) committed assault by brupters, taking advantage of the following: (a) around 12:40, 2015, by smoking tobacco at the “E cafeteria” restaurant operated by the victim D in Jung-gu Seoul Metropolitan Government, thereby preventing the victim; (b) chewing, the victim; and (c) kneel kel kel kel kelel.”

In this respect, the defendant carried a dangerous object, and assaulted the victim.

2. The Defendant interfered with the business of the Defendant: (a) caused the disturbance of the Defendant, such as gathering food and drink at the above date, time, and place; and (b) caused customers who had been in the restaurant to go up with the victim D while taking a large amount of sound, thereby interfering with the Defendant’s restaurant business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. On-site photographs;

1. Application of the price list statutes;

1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act and Article 314 (1) of the Criminal Act concerning criminal facts (the point of interference with business, the selection of imprisonment with labor);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of applicable sentences under Acts: Imprisonment for not less than six months to not more than twenty years; and

2. Scope of recommendations according to the sentencing criteria;

(a) The mitigated area (limited to four months of imprisonment or one year or two months of imprisonment) (including specially mitigated persons) of violation of the Punishment of Violences, etc. Act (the scope of recommending punishment) and the mitigated area (including efforts to recover damage);

(b) Interference with business: Crimes not setting the sentencing criteria;

(c) The scope of final sentence due to the handling of multiple crimes: the sentencing criteria shall be set for not less than four months;