A defendant shall be punished by imprisonment for six months.

Criminal facts

1. On February 1, 2015, at around 18:15, the Defendant: (a) obstructed the victim’s restaurant business by force by avoiding disturbance by, under the influence of alcohol, not allowing customers entering the restaurant, who had been suffering from disturbance, such as cutting off the hospital, without any justifiable reason, at “D” restaurant operated by the victim C located in Guro-gu Seoul Metropolitan Government; and (b) obstructed the victim’s restaurant business by force.

2. In the date and time set forth in paragraph 1, the injured Defendant was asked from the victim E (the 64 years old) who was an employee of the restaurant during the above disturbance, and the victim’s clothes were cut down by hand and was pushed down with the wall, thereby making it difficult for the victim to know the number of days of treatment.

Summary of Evidence

1. Statement of the defendant in the second public trial records;

1. A E-document;

1. Police investigation report (victim E telephone conversations);

1. On-site dispatch reports;

1. Application of Acts and subordinate statutes to field photographs, photographs of damaged parts of the business report, and evidence of business report;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the obstruction of business, the choice of imprisonment), and Article 257 (1) of the Criminal Act (the point of harm and the choice of imprisonment with labor);

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Scope of the recommended sentences according to the sentencing criteria;

A. 1 Scope of sentence for individual crimes) 1 Scope of sentence for injury (basic crimes) / general injury / [Scope of recommending punishment] : Interference with business affairs (4 months to 1 year and 6 months) in the basic area (no person subject to special sentencing) / 2) / [the scope of recommending punishment / [the scope of recommending punishment ] interference with business affairs (6 months to 1 year and 6 months) / there is no person subject to special sentencing]

(b) Scope of punishment recommended according to the standards for handling multiple crimes: Imprisonment with prison labor for up to six months from February to March;

2. In light of the motive, attitude, etc. of the instant crime in which the sentence of punishment was rendered, considering the fact that the Defendant committed the same kind of crime even though he/she had been punished more than 15 times due to violent crimes, the Defendant did not recover damage, and the Defendant escaped during the trial.