A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2015. 6. 8. 22:00 경 하남시 B 소재 피해자 C이 운영하는 ‘D’ 식당에서 술에 취하여 별다른 이유 없이 다른 손님들에게 삿대질을 하고, 큰소리로 ‘ 야 씨발 년 들아, 뭘 쳐다봐 ’라고 욕설하며 약 15분 동안 소란을 피우는 등 위력으로써 피해자의 식당 영업업무를 방해하였다.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes concerning CCTV closure photographs;

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

1. Where the reason [the scope of recommended punishment] for sentencing under Article 62 (1) of the Criminal Act (including the degree of damage and the fact that the crime in this case was committed by contingency) is insignificant in the scope of power or deceptive scheme (one month to eight months) or in the mitigated area (the degree of interference with business).