A defendant shall be punished by imprisonment for 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

1. On September 24, 2014, around 11:30 on September 24, 2014, the Defendant ordered food at the “Ecafeteria” operated by the victim D, who is a Government-si C, as if he had no intent and ability to pay the food value even if he/she drinks, and received food equivalent to 12,000 won in total, including a single flusium and a small blusium 2 disease, etc., from the victim.

2. 업무방해 피고인은 같은 날 11:30경부터 13:30경까지 같은 장소에서, 위 피해자에게 “씹할 년, 썅년”이라고 욕설을 하고, 가지고 있던 큰 가방을 테이블에 던지고, 다른 손님의 테이블 위에 손을 짚고 서서 5분 동안 노려보고, 혼자 식사를 하던 여자 손님에게 욕설을 하여 나가게 하고, 식당 출입구 앞에 쪼그려 앉아 담배를 피워 식당으로 들어오려는 손님들이 들어오지 못하게 하고, 이를 말리던 다른 손님에게도 욕설을 하는 등 소란을 피워 위력으로 피해자의 식당영업 업무를 방해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Police investigation report (at least 11 pages of investigation records);

1. Application of Acts and subordinate statutes to on-site photographs and food receipt;

1. Relevant provisions of the Criminal Act, Articles 347(1) and 314(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] General Fraud (less than KRW 100,000) and the range of sentence compared with recommendation type: the applicable sentences (not in June to one year and six months) basic area (no special person): June to six months: imprisonment with prison labor for a period of six months or one year [ multiple criminal processing standards] to six months or six months, or one year and six months], or where sentencing guidelines are not set, there are concurrent crimes under the former part of Article 37 of the Criminal Act. [Pronouncement of sentence] Imprisonment with prison labor for six months, two years of suspended sentence, probation service, social service, or other unfavorable circumstances: fine of the same kind.