A defendant shall be punished by imprisonment for four 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.

Punishment of the crime

On August 18, 2017, at around 10:35, the Defendant received a demand from other customers to continue to enjoy the time fee from the victim D, working for Yongsan-gu Seoul Yongsan-gu Seoul Metropolitan Government, while under the influence of alcohol.

However, on August 8, 2017, the Defendant did not comply with it, and on around 10:45 on August 8, 2017, the Defendant sited to the above main points until the police officer called up by the notification of the customer at the above main points arrives, and accordingly, the Defendant refused to comply with the request for withdrawal of the victim without justifiable reasons.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A written statement;

1. Application of the Acts and subordinate statutes to a investigative report (a photograph by cutting off on-site CCTVs);

1. Relevant Article 319 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Articles 319 (1) of the same Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (the defendant and defense counsel did not receive any request for the withdrawal from the injured party at the time, or received such request;

However, the defendant asserts to the effect that he responded to the request such as leaving.

However, according to the witness witness D's testimony, the fact that the defendant was asked to leave the other customers by leaving the time room and received a request for withdrawal from the other customers, and that the plaintiff again got out of the tobacco, and it is recognized that the above assertion is not reasonable since the defendant's reasoning for sentencing is acknowledged that he was insufficient to hold out the time room for the customers. Although the defendant was under the influence of alcohol and sent the time room to the customers with a warning and returned to the police on several occasions, he continued to go out of the time room, denies the request of the victim for evacuation, denying the crime, and that there is a lot of force of punishment related to violence.

However, in light of the favorable circumstances such as the fact that the defendant's act does not reach the degree of interference with business, that the injured person does not want the punishment of the defendant, and that the defendant has no record of punishment in excess of the fine, the defendant's age, sex, family relation, and environment shall be considered.