A defendant shall be punished by imprisonment with prison labor for up to six 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

At around 02:10 on June 17, 2020, the Defendant, while drinking alcohol in the “D” operated by the injured party C on the first floor of the building underground of the Ildong-gu, Yongsan-gu, Yongsan-gu, Yongsan-gu, the Defendant, despite having received a request to change its business hours from the employee E, provided the employee’s refusal to “I must do so in the way of drinking alcohol.” On the other hand, the Defendant expressed a desire to “I must do so in the way of drinking alcohol” to the employee, and interfere with the victim’s main business operation by exposing the disturbance for about 10 minutes, such as tearing the packaging of the remaining fruits by the employees.

Summary of Evidence

1. The defendant's legal statement C, each police statement of the E, and the application of statutes on field photographs;

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;

1. The reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order have a record of having been punished several times as a crime of interference with business by drinking alcohol by the defendant, and in particular, the same crime was committed even though the defendant was placed prior to the suspended sentence of imprisonment in 2016.

This is an unfavorable circumstance to the defendant.

Defendant is recognized to commit crimes.

The degree of interference with business is easy.

The victim does not want to punish the defendant.

This is favorable to the defendant.

The punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, and various sentencing conditions prescribed in Article 51 of the Criminal Act after the crime is committed.