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.

Punishment of the crime

【Criminal Power】 On May 24, 2017, the Defendant was sentenced to two years of suspended sentence for the crime of interference with business at the Seoul Southern District Court on June 1, 2017, which became final and conclusive on June 1, 2017, and is currently under suspended sentence.

Although the probation period was in existence at the time of prosecution, the above probation period was passed as of the sentencing date of the court decision.

【범죄사실】 피고인은 2018. 12. 16. 12:00경부터 같은 날 14:30경까지 서울 양천구 B에 있는 피해자 C(여, 59세)가 운영하는 ‘D’ 주점에서, 별다른 이유 없이 다른 테이블에 앉아 있는 손님들에게 “야, 이 늙은 놈들아 집구석에 있지 여기 뭣 하러 왔냐, 보지 만지러 왔냐, 유방 만지러 왔냐”라고 큰소리로 말하고, 음식이 담긴 접시를 바닥에 던져 깨뜨리는 등 소란을 피워 그곳에 있던 손님들이 주점 밖으로 나가도록 함으로써 위 주점 영업 업무를 방해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of field photographs, business report certificates, business registration certificates, and statutes;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

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. In full view of the circumstances under the sentence decision and the circumstances leading to the defendant to commit the crime, the degree and result of damage, the circumstances before and after the crime, and other various circumstances that form the conditions of sentencing as shown in the records and arguments of this case, such as the defendant's age, character and conduct, environment, criminal records, etc.