A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 23, 2019, at around 16:50, the Defendant requested the victim to drink in the "D" restaurant operated by the victim C in Busan Jin-gu, Busan, but the victim called "Is already made a multi-pre-contract," and "Isn't sell alcohol to the defendant," and the victim expressed a large amount of time to the victim and his customers who had been suffering from drinking, and boomed with the above restaurant entrance for about 50 minutes.

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

Summary of Evidence

1. Application of Acts and subordinate statutes to investigation reports on the preparation of the defendant's legal statement C to telephone conversations;

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;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of punishment by law: Imprisonment for one month to five years;

2. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment [the determination of a type of punishment] interference with business affairs [the category 1] interference with business affairs (the special person concerned]: Reduction elements of punishment: Reduction areas (the scope of the recommended area and the recommended punishment], reduction areas of punishment, imprisonment with labor for one month to eight months;

3. Determination of sentence: Four months of imprisonment with prison labor and two years of suspended sentence (the defendant, even though he had been punished several times for the same crime since 2019, is under the influence of drinking again and thus his business obstruction, etc. is not less vulnerable to the quality of the crime: Provided, That the defendant, who has been suffering from dementia symptoms in the current age, has agreed with the victim, and other circumstances of sentencing specified in the records of this case, including the defendant's age, character and behavior, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered in consideration of various circumstances of sentencing specified in the records