Text
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 11:00 on March 12, 2020, the Defendant d'D' restaurant operated by the victim C (the victim C) in Dongdaemun-gu Seoul Metropolitan Government (the victim C (the victim 59 years of age, the female), fluored the test cost to the customers on the table table that was under the influence of alcohol, and d'd'd'd'd'd'd'd'd'd'd'd'd'd'd'd'd'd'd', and obstructed the victim's restaurant business by force over about 2 hours, such as b
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. Each investigation report ( listening to the statement of a reporter, the currency of a police officer dispatched to the 112 report), and the application of statutes on the details of 112 reports;
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 and Article 59 of the Act on Probation, etc.;
1. Scope of applicable sentences under law: One to five years of imprisonment;
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 the affairs [the category 1] interference with the affairs (the special person]: Reduction elements of punishment (including efforts to recover damage): Reduction areas (including the recommended area and the scope of recommended punishment] reduction areas, imprisonment with labor for one month to eight months;
3. Determination of sentence: The Act and the result of the instant crime for 8 months of imprisonment and 2 years of suspended sentence, in particular, the crime of this case results in a significant crime in light of the fact that the Defendant, as a result of the instant crime, was sent to the site by public officials who wear a protective uniform and fire officers to verify whether the Defendant is a patient infected with Crona 19 virus, thereby obstructing the above public officials and police officers from performing their legitimate official duties. The Defendant, even before committing the instant crime, has been sentenced to imprisonment or a fine on several occasions for the same kind of violent crimes, is disadvantageous to the Defendant.
However, on the other hand, the victim does not want punishment against the defendant, and it is advantageous to the confession and reflect of the crime of this case.