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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around 07:00 on December 9, 2015, the Defendant obstructed the victim’s restaurant business by: “D” restaurant operated by the victim C in Seosan-si B; without any reason, the Defendant, without any reason, deemed the name of the said restaurant to be “Ieuri, Chewing feass, tobacco fass..........................”; and, without any reason, the Defendant expressed a bath to customers over about 45 minutes, such as her fingers, and forced the said restaurant to leave the restaurant at the restaurant, thereby obstructing the victim’s restaurant business by force.
2. The Defendant ordered the Defendant to 2 sick boomed with the Republic of Korea in swine and 2 sick booms, as it would normally pay the value of food at the time and place stated in the above Paragraph 1.
However, the defendant did not have the intent or ability to pay the above food cost.
The Defendant received food equivalent to KRW 13,00,00, in total, from the injured party, two soldiers, etc.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Receipts (D);
1. Application of statutes on site photographs;
1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 347(1) of the Criminal Act (the point of fraud) and the choice of imprisonment, respectively, for the crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The grounds for sentencing under Article 62-2 of the Social Service Order Act for the protection and observation of the crime and Article 62-2 of the Act on the Punishment of Specific Fraud [the scope of punishment] [the scope of punishment]] and the scope of final sentence according to the majority of crimes [the scope of punishment pursuant to the punishment [the scope of punishment which is less than KRW 100 million] where the defendant has committed willful deception] in the area of special mitigation (one month to one year), or where the degree of deception is weak, where the degree of deception is weak, the second crime (Interference with the business] in the area of mitigation (one month to eight months) (including the scope of recommendation] in the area of punishment [the scope of punishment] in the area of punishment [the scope of punishment [the person who has made a special mitigation] in the area of punishment [including a person who has made a serious effort to recover damage] in one or one year and four months [the decision] in the case where the defendant has been punished as a like crime.