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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 18, 2017, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for assault, etc. at Daejeon District Court on May 26, 2017, and the said judgment became final and conclusive on May 26, 2017.
On April 3, 2017, at the “D” restaurant located in Seo-gu Daejeon, Seo-gu, Daejeon on April 3, 2017, as well as at the victim E (n, 43 years of age) who entered and is an employee under the influence of alcohol, the Defendant “humping the inside,” and
C. Sick, side, and be sitting.
Along to approximately one-hour period of time, such as seeing other customers who drink food on the side table “scam”, and seeing “scam” to other customers who drinked on the table table, and customers who had been in the place became in the above restaurant.
Accordingly, the defendant interfered with the restaurant business for about one hour by force.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement of E and F preparation;
1. Arrest reports, investigation reports, and on-site photographs of the incident interference with the duties;
1. Previous convictions in judgment: Application of the provisions of the Acts and subordinate statutes governing inquiry reports, judgments, and criminal trials;
1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. According to the evidence duly adopted and examined by this court regarding the protection observation and the claim for mental and physical disorder under Article 62-2 of the Social Service Order Criminal Act, it is deemed that the defendant was in a state of drinking to a certain extent at the time of the crime of this case, but in light of various circumstances such as the background leading to the crime of this case, the means and method of the crime, the defendant's behavior before and after the crime of this case, etc., it cannot be deemed that the defendant did not have the ability to discern things or make decisions due to drinking, or that the defendant did not have the ability to do so.
The grounds for sentencing are as follows: records, such as the defendant's age, occupation, sex, environment, motive, means and result of the crime, circumstances after the crime, etc., and various items of arguments in this case.