A defendant shall be punished by imprisonment for a period of five months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Criminal facts

1. On June 1, 2017, the Defendant interfered with the duties of the Defendant: (a) at the D cafeteria operated by the victim C (V, 66 years old) in Ulsan-gu, Ulsan-gu; (b) under the influence of alcohol, the Defendant expressed female customers who are seated in another restaurant to “Sewhhhhhhhhhhhhhhhh” and received a request from the injured party for the removal of the said female customers. However, the Defendant interfered with the Defendant’s operation of the restaurant by force by avoiding the disturbance for about 20 minutes.

2. The Defendant damaged the property by walking a sum of 100,000 won at a victim C-owned port-to-port market price, which was at the entrance of a restaurant at the above date, at the above place, and at the entrance of the entrance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 314 (1) of the Criminal Act; Article 314 (1) of the Criminal Act; Article 366 of the Criminal Act; Article 366 of the Criminal Act; and Article 36 of the Criminal Act; Selection of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act (an aggravated punishment for concurrent crimes against a person who interferes with heavier business affairs);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;

1. The scope of applicable sentences under law: Imprisonment with prison labor for one month to seven years and six months;

2. Application of the sentencing criteria;

(a) Category 1 (Interference with Business) (Special Sentencing) interference with the business of interfering with set forth in Category 1 (Determination of Type 1) - The area of reduction [Determination of the territory of recommendation] mitigation [the scope of recommendation] reduction area from one month to eight months;

(b) Class 1 (Special Sentencing) [Attachment of Property Damage, etc.] (Special Sentencing) of the General Criteria for Destruction 2. - The area of mitigation [Determination in the territory of recommendation] mitigation [the scope of recommendation] - one month to six months

(c) Whether a suspended sentence is suspended or not (major reasons: positive reasons); non-compliance with punishment (detailed reasons: negative reasons for general consideration); and

(d) the result of the increase in the final scope of sentence by majority offenders (No. 1 crime maximum 2/2).