Text
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 00:40 on May 17, 2016, the Defendant: (a) 1 heading room of “D”, operated by the Victim C in Jeju Island B, with the victim’s desire on the ground that the victim does not drink the Defendant, and (b) caused the victim’s disturbance by destroying the glass residues on the table with his hand, and thereby obstructing the victim’s main heading business by force for about seven minutes until the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement prepared by C;
1. Application of related Acts and subordinate statutes to photographs;
1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 314 (1) of the Criminal Act and the choice of imprisonment;
1. Suspension of execution: Article 62 (1) of the Criminal Act (The following sentencing conditions specified in Article 51 of the Criminal Act shall be considered);
1. Protection observation and community service order: The sentencing guidelines under the grounds for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. and Article 62-2(1) of the same Act and the following circumstances shall be determined as the order;
The favorable circumstances: The facts of the crime are recognized and the facts of the crime are met, and the circumstances that are extremely unfavorable to the victim: The crime of this case is deemed to have continuously been damaged to others by blocking the crime of this case while under the influence of alcohol even though there are several records of punishment for similar crimes, and the crime of this case is deemed to have been committed under the influence of alcohol. It is so decided as per Disposition on the grounds of the following reasons: the motive and circumstances of the crime, circumstances after the crime of this case, the defendant's occupation, age, family relation [the scope of recommended punishment] [the scope of recommended punishment] mitigated area (one month to eight months) [the person with special mitigation] mitigated area (including efforts to recover damage) or higher than the scope of punishment (including serious efforts to recover damage