A defendant shall be punished by imprisonment with prison labor 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.

Criminal facts

At around 05:40 on September 4, 2016, the Defendant interfered with the victim’s restaurant business by force, such as: (a) in a “D” restaurant in Gangseo-gu Seoul Metropolitan Government where the victim C (man, 55 years of age) works as an employee; (b) in the side table, the Defendant expressed, without any reason, a large interest, that he had a meal in the side table, “hump hump” to the customers who had been on the side table; (c) the small branch of the small branch was laid on the floor; and (d) continuously string the 10 minutes of a disturbance, and let the customers go out of the restaurant; and (d) the Defendant interfered with the victim’s restaurant business by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. As to the Defendant’s assertion of on-site photographs, the Defendant asserted that the crime of this case was breath under the influence of alcohol at the time of the instant case, and that the crime was committed under the mental and physical disorder

However, according to the evidence duly adopted and examined by this court, the defendant at the time of this case can be found to have committed the crime because he had a lot of drinking and had a state of drinking. As such, as long as the defendant has come to a state of drinking on his wind, such circumstance cannot be seen as an element that can reduce the defendant's liability pursuant to Article 10 (3) of the Criminal Act. Thus, the defendant's above assertion shall not be accepted.

Application of Statutes

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act [Scope of Recommendation] Interference with Business: Reduction according to the grounds for mitigation [Special Convicted Persons] from June to June [Determination of Sentence] from January to August 1], the circumstances of the instant crime, the extent of violence exercised, the degree of damage, the circumstances in which the Defendant recognized his mistake, and other circumstances agreed with the Defendant, such as the Defendant’s age, character and behavior, health status, criminal records, and the circumstances after the crime.