A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On April 11, 2019, the Defendant is a person who was sentenced to a suspended sentence of four months to imprisonment with prison labor for property damage by the Ulsan District Court on April 11, 2019, and is still under the grace period.

1. Around 10:00 on July 27, 2019, the Defendant entering a cafeteria operated by the victim C (the 82 years of age, leisure) located in Ulsan-gu, Ulsan-gu, and even before a day, the Defendant: (a) went into the cafeteria; (b) even before the victim, having experienced the Defendant’s failure, called “the Defendant, who would not sell alcohol to the Party,” but went into the cafeteria by disregarding that “the Defendant, who would not sell alcohol to the Party, was invaded by entering the cafeteria.”

2. 업무방해 피고인은 2019. 7. 27. 10:00경 위 식당에서 피해자에게 “야이 씹할년아, 좆같은 년아, 내가 청송에서 5년 살고 왔다, 너거 같은 거 2명 죽였으니 너 같은 건 대가리를 깰 수 있는데 죄가 무서워 못한다”라고 욕설을 하면서 막걸리 병을 피해자에게 던지거나 술을 뿌리려고 하고, 같은 날 10:55경 피해자 신고에 따라 출동한 경찰관에 의해 식당 밖으로 나가게 되었으나 다시 11:00경 위 식당에 찾아가 피해자에게 “또 신고해라 개 같은 년아”라고 욕설을 하면서 막걸리 병을 바닥에 집어 던지는 등 그 무렵부터 11:30경까지 행패를 부려 피해자의 식당 영업 업무를 위력으로 방해하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Investigation report (Report on hearing statements by victim C telephone);

1. Records of judgment: The application of inquiry reports and investigation reports (reports during the period of suspended execution of suspects)-related Acts and subordinate statutes;

1. Article 319 (1) of the Criminal Act (the point of entering a building) and Article 314 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 (Interference with Business).