A defendant shall be punished by imprisonment for four months.

Criminal facts

On October 30, 2018, from around 06:30 to around 07:58 of the same day, the Defendant obstructed the general restaurant business of the victim by force of approximately 1:30 minutes and about 30 minutes and over 1:30 minutes and over 1:30 minutes and over 1:30 minutes and over 1:30 minutes and over 30 minutes and over, without any reason, on the part of the victim C, with the influence of alcohol within the “D cafeteria” working at D cafeteria.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of statutes on field photographs;

1. Relevant Article 314(1) of the Criminal Act regarding criminal facts, Article 314(1) of the Criminal Act regarding the selection of punishment, and the circumstances favorable to the defendant are as follows:

The defendant is deeply divided into and reflected in the crime of this case.

The defendant seems to have committed the crime of this case by force majeure and by contingency.

The defendant agreed smoothly with the victim.

The defendant has no previous convictions of imprisonment.

Circumstances unfavorable to the defendant are as follows:

The defendant was sentenced to a fine on several occasions due to the same or similar crimes, and was sentenced to imprisonment for 6 months as a result of the crime of interference with business and the crime of violation of the Punishment of Minor Offenses Act in 2017, and again committed the crime of this case during the suspension period.

The defendant was sentenced to imprisonment with prison labor for one year and two years of suspended execution and is still under suspended execution due to the crime that the defendant sustained bodily injury to the victim, which is a dangerous article in 2017.

In addition to the above circumstances, considering the Defendant’s age, character and conduct, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments, the sentence is inevitable, and the sentence is determined as per Disposition.