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

From January 11, 2020 to around 20:20 to around 20:26, the Defendant, while drinking alcohol at the D main points operated by the victim C in Geumcheon-gu Seoul Metropolitan Government, took a bath under the influence of alcohol, and was requested by the victim to avoid disturbance, and continued to take a large voice without complying with the request by the victim, thereby interfering with affairs concerning the operation of the cafeteria by force for about three hours.

Summary of Evidence

1. Defendant's legal statement;

1. Application of C’s written laws and regulations

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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: One to five years of imprisonment;

2. Scope of recommendation [decision of types] according to the sentencing criteria: Prohibition of Interference with Business: [Type 1] There is no interference with business [the scope of recommendation field and recommendation range], basic area (the scope of recommendation field and recommendation range], and six months to one year and six months.

3. Determination of sentence: The punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the defendant's age, character and conduct, environment, etc., for six months of imprisonment, two years of probation, and 80 hours of community service order:

The crime committed by the defendant is not a good crime in that it causes anxiety to the victims as well as the general public and causes confusion in social order.

A. The Defendant interfered with a police officer’s business for a long time without returning home, even though the police officer was dispatched to several scenes and recommended voluntary return.

A. The defendant has a record of having been subject to investigations or criminal punishment several times due to violence-related crimes.

A. The defendant led to the confession and reflect of the crime

It is true that there is no particular criminal punishment after the defendant was sentenced to a fine due to the crime of bodily injury in 2012.