A defendant shall be punished by imprisonment for four 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 June 11, 2020, from around 08:10 to 08:30 on the same day, the Defendant: (a) the victim C in Bupyeong-gu, Incheon, who was under the influence of alcohol in front of the draft of the D apartment door, and was in front of the draft of the D apartment door, thereby interfering with the Defendant’s duties, such as the control of the victim’s entry, by force, by opening the front door of the D apartment door in which the security guard works, and without any particular reason, in the first place of the D apartment door in which the Defendant was in front of the draft door. The Defendant: (b) expressed a large brut, such as “Cex fection feb.; (c) feb. fe., f., f., on theme and the theme of the hump;

Summary of Evidence

1. Defendant's legal statement;

1. The application of laws and subordinate statutes to investigation report on the statement by the police with respect to C (CCTV video data analysis);

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on Probation, which is favorable to the reasons for sentencing, under Article 62 (1) of the suspended sentence;

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 business affairs [the category 1] interference with business affairs (the special person concerned]: Reduction factors of punishment: Reduction area of punishment [the scope of the recommended area and the recommended punishment], reduction area of punishment, imprisonment with labor for one month through eight months;

3. Determination of sentence: 4 months of imprisonment with prison labor, and 2 years of suspended sentence, the defendant interfered with the duty of security guards working under the influence of alcohol without any justifiable reason, and the nature of the crime is poor.

The defendant has been punished for the crime of violence more than 20 times, and was punished by a fine for the crime of interference with business in 2014, 2016, and 2019. The defendant seems to have violent inclinations in drinking state, and the compliance consciousness seems to be considerably weak.

However, the fact that the defendant recognizes the crime and the victim does not want the punishment against the defendant is considered as favorable to the defendant.