A defendant shall be punished by imprisonment for four 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.

Punishment of the crime

On July 21, 2018, the Defendant put the 'E' operated by the victim D in Ischeon-si, Leecheon-si, into the 'E', which was operated by the victim D, and used to make the customers sound and food, and obstructed the victim's restaurant business by force for approximately 20 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of D;

1. Article 314 (1) of the Criminal Act, and the choice of punishment for the crime;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. One month to eight months from the scope of the recommended sentence (unlimited to the penalty);

2. The Defendant, after graduating from a high school, experienced depression and depended on the alcohol, and there were many cases where he committed a crime under the influence of alcohol, and the instant crime is also committed in the state of drinking (i.e., the instant crime is deemed to be a free act in the cause, and thus the mental and physical weakness, etc. are not recognized), and the instant crime is a crime committed during the suspension of execution, etc. shall be considered disadvantageously.

However, the favorable circumstances should be considered, such as the fact that the time is dead and reflect, that the victim does not want the punishment of the defendant, that the defendant has been hospitalized for the treatment of obscence of his alcohol, and that the defendant is expected to receive in the future.

In this context, the sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, sex, and environment, shall be determined by comprehensively considering all the sentencing conditions.