A defendant shall be punished by imprisonment with prison labor 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 15, 2018, at around 21:40, the Defendant interfered with the operation of the victim’s main points for about 30 minutes by force by avoiding disturbance due to the following: (a) the victim C, operated by Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter referred to as “D main points”); (b) the victim, while under the influence of alcohol, was taking a heavy bath to the victim; and (c) continuing to drive away the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of the police interrogation protocol of the accused;

1. Application of C’s written laws and regulations

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended punishment according to the sentencing criteria (the determination of types) [the category 1] interference with business: Where the degree of force, deceptive scheme or the degree of interference with business is insignificant (the scope of the recommended area and the range of the recommended punishment) and the area of mitigation (the range of the recommended area and the recommended punishment), one month to eight months;

2. The fact that the Defendant, who was sentenced to punishment for the crime of interference with business, committed the instant crime even though he/she had been able to have had the record of punishment, such as the force force including the previous criminal records of one suspended sentence, and that it is not adequate to recover damage or to agree with the victim is disadvantageous to the Defendant.

However, considering the circumstances favorable to the defendant, such as the fact that it does not seem that the degree of force used by the defendant in the crime of this case is significant, the fact that the defendant misleads the defendant and treats alcohol addiction, and the fact that the crime of interference with business has no record of punishment exceeding the fine, etc., the punishment as ordered shall be determined by taking into account the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and all the sentencing conditions