A defendant shall be punished by imprisonment for not less than five 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

On November 27, 2017, the Defendant was sentenced to two years of suspension of execution on August 4, 2017 by the District Court of the Republic of Korea, and the judgment became final and conclusive on December 4, 2017.

The Defendant, on October 05, 2017, at the “D cafeteria” located in Chuncheon City around 22:00 on October 22, 2017, in the “D cafeteria”; on the other table E, the Defendant, “for the same year, as the weather, as soon as possible, to the life of his guest, including the other table E.

(a) The victim F, who was the subject of the disturbance after being able to take a bath in accordance with what he was written, called “I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. you will am off the floor and die.

“ ..........................”

Accordingly, the defendant interfered with the victim's restaurant business by force for about 50 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of the F and E;

1. Making entries and images of on-site photographs;

1. Previous convictions in the judgment: Application of the respective Acts and subordinate statutes on the screen of the previous convictions in the disposition and the results of confirmation, and the search of the Supreme Court's Na case (Jin District Court Decision 2017 High Court Order 743);

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. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing) (the sentencing criteria shall not apply since there are concurrent crimes after Article 37 of the Criminal Act)

On September 17, 2015, the Defendant again committed the instant crime during the period of suspension of execution, even though he/she was sentenced to two years of imprisonment with prison labor for the obstruction of performance of official duties in the Chuncheon District Court, and was sentenced to two years of suspension of execution on November 26, 2015.

However, the defendant shall be sentenced to imprisonment with prison labor in consideration of the fact that the defendant is against himself/herself while making a confession of crime, the agreement is reached with the victim, and the case where the judgment is to be judged simultaneously with the case where the judgment becomes final and conclusive.