A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The Defendant, at around 22:00 to 23:00, on June 13, 2017, in E restaurants operated by the victim D (45 years old) located in Gwanak-gu Seoul Special Metropolitan City, for the reason that there was a loss of time for the settlement of food costs, the Defendant “ bit bit bit bit bit bit bit bit bit bit of a bitch.

” 등 욕설을 하며 휴대전화, 의자를 피해자에게 던지려고 하고, 진열장에 진열된 컵 라면을 흐트러뜨리고, 피해자에게 주먹을 들어 보이며 때리려고 하고, 주문한 도시락 2개를 바닥에 던지고, 같은 날 23:03 경 바닥에 떨어진 위 도시락을 청소하는 피해자에게 달려가 피고인의 오른쪽 무릎으로 피해자의 왼쪽 허리 부분을 1회 걷어찼다.

Accordingly, the defendant interfered with the business of the victim for about one hour by force, and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Details of the order of the person who has received the order and a copy of the pen;

1. Application of CCTV video and voice file CD-related Acts and subordinate statutes;

1. Relevant Article 314(1) of the Criminal Act, Article 260(1) of the Criminal Act and Article 260 of the Criminal Act, the choice of imprisonment with prison labor for the crime;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of punishment by law: Imprisonment with prison labor for one month and seven years and six months; and

2. Application of the sentencing criteria;

(a) Determination of the type of interference with business: The area of recommendation and the scope of punishment for interference with business: Basic area, imprisonment with prison labor for June and one year and six months;

(b) Determination of types of assault crime 1) : The area of recommendation and the scope of recommendation of types 1 (general assault) 2) of assault crime>

(c) Scope of recommending punishment as a result of handling multiple crimes: Imprisonment with prison labor for six months and one year and one November.

3. Circumstances favorable to the decision of sentence: An unagreement, the record of a number of violent crimes, and in particular, even if a person was punished for a suspended sentence due to a violent crime committed during the main period, he/she may have received the summary order as an assault crime during the grace period;