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

On March 14, 2020, from around 22:30 to 22:40 on the same day, the Defendant obstructed the victim’s main operation by force, such as cutting off four tables in the above main points while drinking alcohol, on the ground that the employees of the above main points, who carried on drinking, intend to move to another table, and thereby obstructing the victim’s main operation by force.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect 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. The Defendant, with the reason of sentencing under Article 62(1) of the Criminal Act, committed the instant crime even though he had the record of being punished for the same kind of crime.

However, it is against the defendant's wrong recognition of his/her own mistake, and the fact that the victim is not subject to the punishment of the defendant under the mutual agreement with the victim is considered as favorable circumstances to the defendant. In addition, the defendant's age, character, character, environment, occupation, family relationship, motive and means of the crime, circumstances after the crime, etc. shall be considered, and the punishment shall be determined as ordered in light of all the various sentencing conditions as shown in the arguments

Public Prosecution Rejection Parts

1. On March 14, 2020, from around 22:30 to 22:40 of the same day, the Defendant: (a) stated that the above main points, who drink together, in the main points of operation of the Victim C (Y, 54 years old) located in Gangnam-gu Seoul, Gangnam-gu, Seoul, attempted to move to another table; and (b) stated that the Defendant would put the above main points on the ground that he want to move to another table; and (c) stated that the victim’s statement to the effect that the victim “if he gets off the tin-to-face” was defective; and (d) assaulted the victim by pushing the victim’s head and neck by hand.

2. The facts charged in this part of the judgment are the crimes falling under Article 260(1) of the Criminal Act, and express intent of the victim under Article 260(3) of the Criminal Act.