Defendant shall be punished by a fine not exceeding one million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

On November 14, 2012, the Defendant was sentenced to six months of imprisonment with prison labor for an injury, etc. at the Seoul Western District Court, and the judgment became final and conclusive on February 20, 2013, and the execution of the sentence was terminated at the Seoul Southern District Detention House on August 12, 201. On August 12, 2009, the same court was sentenced to imprisonment with prison labor for six months for an obstruction of performance of official duties, and the sentence was finalized on June 3, 2010 by the same court as of June 3, 2010, and the said sentence became final and conclusive on April 7, 201, the said suspended sentence becomes void, and the said sentence became final and conclusive on April 7, 2011. In addition to the completion of the execution of the sentence, a person who has the same criminal records

피고인은 2013. 8. 15. 09:30경 서울 마포구 C에 있는 피해자 D(56세)이 운영하는 ‘E식당’에서, 술에 취해 들어와 술과 음식을 주문하여 식사하던 중 특별한 이유 없이 그곳 종업원 F과 손님들에게 “이년, 저년, 개 같은 년, 뭣 할 년, 왜 차별대우 하느냐. 배드민턴 치면 다냐, 개새끼들아. 니들 여기와서 일을 똑똑히 해라.”고 큰 소리로 욕설하며 약 1시간 동안 행패를 부렸다.

Accordingly, the defendant interfered with the victim's restaurant business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Each report on investigation;

1. Before ruling: Application of investigation reporting Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 314 (1) of the Criminal Act and the selection of fines;

1. Aggravation of repeated crimes: Article 35 of the Criminal Act;

1. Detention at workhouse: The reason for sentencing of Articles 70 and 69(2) of the Criminal Act that the defendant interfered with the business in the judgment of the court during the period of repeated crime is not that of such crime.

However, the fact that the victim is under investigation at the stage of investigation and expressed his intention not to punish, reflects his intention, and that the defendant appears to be harsh to sentence only with the crime committed during the period of repeated crime, and other circumstances after the defendant's age, character and behavior, environment and crime.