Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On August 4, 2017, the Defendant, at around 11:25, 2017, under the influence of alcohol in the “E cafeteria” operated by the victim D in Gwanak-gu, Seoul Special Metropolitan City, the Defendant obstructed the business of the victim’s restaurant by avoiding disturbance for about 20 minutes due to drinking, etc. while the victim did not have any money when requesting the payment of the food value, and threatening the victim with drinking, etc., and passing the table and sound.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements prepared in D;

1. A report (Interference with business) on occurrence (No. 1), a report on internal investigation (No. 4 times a year), an investigation report (No. 12 times a year);

1. Application of Acts and subordinate statutes to photographs of the scene of damage (No. 3 once a year);

1. Article 314 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of a selective fine for punishment (the defendant has already been punished several times due to the same kind of crime, such as violence, damage to property, interference with business, etc.) and there are circumstances unfavorable to the defendant, such as that he was under the suspension of the execution, which was sentenced for a special injury crime immediately before the time of the instant case;

On the other hand, there are also circumstances favorable to the defendant, such as the fact that the defendant is both aware of the facts constituting the crime and there is no past record of punishment by imprisonment without prison labor or heavier punishment prior to the instant case, the fact that the defendant has committed contingent crimes under the influence of alcohol, and the victim does not want the punishment of the defendant. As such, the sentencing guidelines do not apply since the defendant is selected as a fine only once by taking account of these circumstances.

1. It is so decided as per Disposition for the reasons under Articles 70(1) and 69(2) of the Criminal Act or above.