A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On August 20, 2017, the Defendant obstructed the victim’s restaurant business by force of about 20 minutes, such as drinking alcoholic beverages at the restaurant operated by the victim D in Suwon-si, Suwon-si, and drinking alcoholic beverages without any justifiable reason. The Defendant interfered with the victim’s restaurant business by a 20-minute force.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement prepared D and E;

1. Application of statutes on site photographs;

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

1. Article 62 (1) of the Criminal Act on the suspended execution. Article 62 (1) of the same Act on the grounds for sentencing as follows;

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

1. The scope of the recommended punishment on the sentencing guidelines set by the Sentencing Committee of the Supreme Court Sentencing / [type] the basic area of interfering with business affairs: Imprisonment with prison labor for six months (the scope of recommended punishment] - one year and six months;

2. In light of the fact that the Defendant, who was sentenced to criminal punishment several times for the same kind of crime, committed the instant crime without any weighting despite the fact that he/she was subject to the previous judgment (2017 order 481), the Defendant’s liability for the crime of this case is not easy.

However, considering the fact that the form of interference with the instant business is relatively minor, the sentence like the order shall be imposed within the scope of the recommended punishment, comprehensively taking into account the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the instant crime, duration of the crime, circumstances after the commission of the crime, etc., and comprehensively taking into account all the sentencing conditions shown in the instant argument.