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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 April 26, 2014, at around 23:00, the Defendant 10 minutes of a disturbance at “D key store” operated by the victim C in Songpa-gu Seoul, Songpa-gu, Seoul, for the reason that the victim respondeds with bad attitude, the Defendant was unable to avoid a disturbance for 10 minutes, such as sprinking the victim and his/her employees by taking a desire to sprink the victim and his/her employees into consideration.
Accordingly, the defendant interfered with the victim's restaurant business.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the police protocol law to C
1. Article 314 (1) of the Criminal Act applicable to the crime;
1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is a crime that the defendant interferes with restaurant business by avoiding disturbance under the influence of alcohol, and the defendant was punished by a fine due to violence, etc. in the past several times, etc. In addition, it is unfavorable to the defendant that the police officer called out at the time when the defendant avoided the first disturbance and filed a petition for the disturbance, and that the defendant again called the restaurant, thereby avoiding the disturbance.
On the other hand, the fact that the defendant recognized the crime and divided, it is difficult to see that the degree of damage is serious, and the time of interference with business is not much much than ten minutes, and the fact that the victim does not want the punishment is favorable to the defendant.
In addition, the sentencing conditions indicated in the records, such as character, conduct, environment, family relationship, occupation, etc. of the defendant, shall be determined as per the disposition.