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A defendant shall be punished by imprisonment with prison labor 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
At around 23:40 on July 14, 2019, the Defendant, without any justifiable reason, obstructed the victim’s operation of the above restaurant for about 40 minutes by force, such as threatening the victim’s 49-year-old victim C (hereinafter referred to as “D”) to the customers who were seated on the above restaurant outdoor table, such as “I see why you drink?? I see why you drink??? I see why you do so??? I see why I am, I would see that you would see, and would see the victim’s loss.”
Summary of Evidence
1. Statement made by the defendant in this court;
1. Each entry in C and E’s written statements;
1. Application of each of the related visual Acts and subordinate statutes;
1. Article 314 (1) of the Criminal Act applicable to the crimes and Article 314 of the Election of Imprisonment;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [the scope of punishment by law] 1 month or five years [the decision of a sentence by law] : obstruction of business, obstruction of business, Type 1 (Obstruction of Business) - Reduction element : Non-conformity of punishment (general person who is a person in a special form ] - Reduction element - Reduction element : Definite of punishment (no person in a special form : reduction element : scope of punishment : mitigation range : 1 month or 8 months in a serious half [the scope of recommendation] mitigation area - Suspension area of punishment - Suspension of execution - there is no positive general participation reason - there is no contingent crime, serious reflect, or suspended sentence - there is no negative general participation reason : alcohol addiction / [the decision of a sentence ] 4 months in a suspended sentence of imprisonment : From 2007 to 2017, the defendant is found to have suffered from alcohol from the defendant under consideration of the defendant's wrong punishment 5 times.