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.

Punishment of the crime

On October 17, 2019, the Defendant: (a) around 17:30 on October 17, 2019, the Defendant Da operated by the victim C in the Mana-gu Mana-gu B, Annyang-si, with a large amount of desire for the victim and sound, etc.; (b) caused the disturbance to the victim, thereby obstructing the convenience store business of the victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of a statute to a CCTV-cap photograph [the defendant stated that he would not memory under the influence of alcohol at the time, but according to each of the above evidence, the defendant cannot be deemed to have lost his ability to discern things or make decisions under the influence of alcohol at the time of the crime in this case, or to have lost his ability to do so.]

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, the choice of imprisonment;

1. Article 62 (1) of the Criminal Act ( considered as the following favorable circumstances):

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

1. 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 elements of mitigation]: Reduction area of punishment (including efforts made to recover damage), reduction area [the scope of the recommended area and the recommended punishment] mitigation area, imprisonment with labor for one month to eight months;

2. Circumstances unfavorable to the decision of sentence: Around January 2019, the Defendant committed several crimes, such as destruction of property, obstruction of performance of official duties, etc., including being ordered a summary order of KRW 500,000,000, as he/she obstructed the duty of convenience stores.

Nevertheless, under the influence of alcohol, the operation of the same convenience store was hindered.

It is not good that the defendant is guilty.

A favorable circumstances: The defendant is recognized as committing a crime and is against the defendant.

There shall be no penalty power exceeding a suspended sentence.

In consultation with the victim, the victim does not want the punishment of the defendant: Provided, That because the defendant drinks and repeats the crime, it is a society to prevent recidivism.