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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 6, 2020, from around 19:10 to 19:50 on the same day, the Defendant: (a) stated that the victim C’s D restaurant operated in Fash City B, without any reason, she fashs the customers who were seated on the Defendant’s side while drunk; and (b) stated that “the staff of the blap show box is aware of being 200,000 won as a bribe, and is aware of being killed; (c) the Defendant was able to take the place outside of the restaurant, by exercising power as they were able to take the customers out of the restaurant.”
Accordingly, the defendant interfered with the victim's operation of the above restaurant for about 40 minutes by force.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. Application of internal investigation reports (a CCTV image attached to a D cafeteria), CD 1 statute;
1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, the choice of imprisonment;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of applicable sentences under law: One to five years of imprisonment;
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 the affairs [the category 1] interference with the affairs (the special person]: Reduction elements of punishment (including efforts to recover damage): Reduction areas (including the recommended area and the scope of recommended punishment] reduction areas, imprisonment with labor for one month to eight months;
3. Determination of sentence: Four months of imprisonment with prison labor and one year of suspended sentence (in cases of violations and fines, the fact that there is no power to commit an offense exceeding the fines and that there is an agreement with the victim, etc.);