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

On January 31, 2020, from around 03:15 to 04:00, the Defendant made drinking and drinking out of the restaurant “D” managed by the victims C (n, 59 years of age) of Jung-gu Seoul, Jung-gu, Seoul, and made 45 minutes of alcoholic beverages, such as “Cropty, opening, and drinking so as to be changed,” and “hing off,” and making other customers outside the restaurant, who are in the restaurant.

Accordingly, the Defendant interfered with the victim's restaurant business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. E statements;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Article 314 (1) of the Criminal Act applicable to the crimes;

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 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: on December 10, 2019, the Defendant was sentenced to a summary order of one million won as a result of the crime of interference with business at the Seoul Eastern District Court on December 10, 2019, and has been punished 54 times due to interference with business, violence, etc., and without any special reason, it is not good that the Defendant would take a bath in the restaurant operated by the victim and interfere with the restaurant business by avoiding disturbance.

However, it is somewhat advantageous that the defendant is waiting to commit a crime, and that the victim is not willing to be punished by agreement with the victim after being prosecuted.

The punishment as ordered shall be determined in consideration of the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive and consequence of the crime, and circumstances after the crime.