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A defendant shall be punished by imprisonment 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.
Reasons
Punishment of the crime
On December 6, 2018, at around 21:25, the Defendant, at the main point of “D,” operated by the victim C in Sinpo City B, was able to use the microphones installed therein, and the Defendant was able to avoid disturbance for about 10 minutes, such as sprinking the victim’s flap, and sprinking it by hand.
Accordingly, the defendant interfered with the victim's main business by force.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement of police;
1. A receipt for the drinking value and a field photograph;
1. On-site investigations, reports on investigation results, and application of Acts and subordinate statutes;
1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, the choice of imprisonment;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of applicable sentences under law: One to five years of imprisonment;
2. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment [the determination of a type of punishment] interference with the affairs [the category 1] interference with the affairs (the special sentencing person]: Where the degree of power and deceptive scheme or the degree of interference with the affairs is minor, the commissioner of the punishment (including the recommended area and the scope of the recommended punishment] special mitigation area, imprisonment with prison labor for one month to eight months;
3. Determination of sentence: Four months of imprisonment with prison labor and one year of suspended sentence (to select imprisonment with prison labor in consideration of the fact that there are many similar criminal forces, and the degree of interference with business is insignificant and the victim does not want the punishment of the defendant because he/she has agreed smoothly with the victim, etc., the execution of the above sentence shall be suspended);