A defendant shall be punished by imprisonment for not more than ten months.

Of the facts charged in the instant case, the charge of interfering with the business of May 6, 2013 shall be acquitted.

Punishment of the crime

1. On February 20, 2013, the Defendant of criminal records was sentenced to a two-year suspended sentence to imprisonment with labor for the crime of interference with business, etc. at the Seoul Central District Court on February 28, 2013, and the said judgment became final and conclusive and is still under suspended sentence.

2. Criminal facts;

A. On April 14, 2013, the Defendant: (a) obstructed the operation of the “E” restaurant for the victim D’s “E” in Gwanak-gu in Seoul Special Metropolitan City; (b) obstructed the victim’s restaurant business by searching for the above restaurant on April 14, 2013; and (c) demanded the victim to provide alcohol; and (d) refusing to provide the agreement, the Defendant obstructed the victim’s restaurant business by force, such as: (a) 10 minutes of the agreement, such as why the agreement would not be made; and (b) 10 minutes of the agreement; (c) 23:19; and (d) 3:3:19; and (d) the victim’s restaurant business by force.

나. 모욕 피고인은 2013. 5. 6. 17:30경 위 식당 앞에서 소란을 피운다는 D의 신고를 받고 출동한 관악경찰서 경찰관인 피해자 F로부터 귀가할 것을 요구받자 그곳을 지나가는 행인 등 불특정 다수의 사람들이 있는 가운데 피해자에게 큰소리로 ‘쳐 넣어 씹새끼들아, 씨발 좃밥새끼들아, 나 나오면 니네 다 죽어, 죽여 버린다, 어린놈의 새끼야, 망치로 대가리를 쪼개버려’라고 말하여 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, G, and F;

1. Indicating some of the records concerning the examination of the second prosecution against the accused;

1. Part of each police statement made to D or F;

1. Video CDs;

1. 112 Reporting case management table;

1. Previous convictions in judgment: Application of criminal records and investigation reports (previous and attachment of judgment) and statutes;

1. Articles 314 (1) and 311 of the Criminal Act applicable to the crimes;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;