A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 13, 2017, from around 21:30 to 21:45 of the same day, the Defendant: (a) obstructed the victim’s restaurant business by force by allowing the victim to leave a meal customer in the restaurant by getting him/her a disturbance, such as getting him/her under the influence of drinking in D’s “D” restaurant operated by the victim C (39) of the Gu and getting him/her under the influence of alcohol; (b) the victim demanded him/her to leave the restaurant; (c) the victim demanded him/her to leave the restaurant; and (d) getting him/her to leave the restaurant floor due to extension, such as a watch, etc. in his/her possession.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. The application of Acts and subordinate statutes to report internal investigation (as to the statement of a shote) and report internal investigation (as to attachment of photographs);

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The basic area (from June to June) of the sentencing criteria (no person subject to special sentencing) (no person subject to special sentencing) shall interfere with the business of applying the sentencing criteria (the scope of the recommended punishment).

2. The Defendant, who determined the sentence, interfered with the victim’s restaurant business by avoiding the disturbance, such as shouldering the alcohol residues and lowering the floor of the restaurant by means of chains, etc.

The defendant has the past record of criminal punishment for the obstruction of business affairs two times, and has the past record of criminal punishment for violent crimes including obstruction of business affairs three times, and the two times of criminal punishment shall not exceed the last one year.

However, the defendant reflects the crime of this case.

In the above circumstances, the punishment shall be determined as per Disposition by comprehensively taking into account all the conditions of sentencing, including the defendant's age, sex, family relationship, and circumstances after the crime.